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DismissedNational Interest Waiver · Appeal

Entrepreneur

Business & finance · decided 2023-11-03 · TSC · NOV032023_02B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided
    The Director's denial rested on this
    The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for EB-2 classification as an individual of exceptional ability. p. 1
  • Prong 1Merit and national importanceNot decided

    No finding on this in the appeals office's own words.

  • Prong 2Well positioned to advance itNot decided

    No finding on this in the appeals office's own words.

  • Prong 3Worth waiving the job offerNot decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for EB-2 classification as an individual of exceptional ability. See in text

What the AAO decided

  • On November 3, 2023, we issued a decision on the other appeal~ l Therefore, the issues raised in this duplicate appeal are moot, and the appeal will be dismissed. See in text
  • ORDER: The appeal is dismissed. See in text
Read the full decision (1 page)

Objections found (0)

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No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (2)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: NOV. 03, 2023 · In Re: 28119111 · Appeal of Texas Service Center Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner, an entrepreneur, seeks employment-based second preference (EB-2) immigrant classification as an individual of exceptional ability in the sciences, arts, or business. See Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2). He also seeks a national interest waiver ofthe job offer requirement attached to this classification under section 203(b )(2)(1 )(B) of the Act.

    The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for EB-2 classification as an individual of exceptional ability. The Director further determined that the Petitioner did not establish that it would be in the national interest to grant a discretionary waiver of the job offer requirement. The matter is now before us on appeal. 8 C.F.R. § 103.3.

    The record reflects that the present appeal is a duplicate filing. In response to the Director's adverse decision, the Petitioner mailed two Forms I-290B, Notice of Appeal or Motion, with filing fees, to the designated filing location under separate cover and was issued two separate receipts. On November 3, 2023, we issued a decision on the other appeal~ l Therefore, the issues raised in this duplicate appeal are moot, and the appeal will be dismissed.

    ORDER: The appeal is dismissed.