dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Business Management
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Decision Summary
The appeal was dismissed because the petitioner materially changed his proposed endeavor after filing. He initially proposed providing managerial services but, in response to an RFE, claimed he would start a new company, which the AAO considered an impermissible new set of facts. The AAO also noted that the new business plan contained inconsistencies, which undermined its credibility.
Criteria Discussed
Proposed Endeavor Has Substantial Merit And National Importance Petitioner Is Well Positioned To Advance The Proposed Endeavor On Balance, It Would Be Beneficial To The U.S. To Waive The Job Offer And Labor Certification Requirements
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