dismissed EB-2 NIW Case: Entrepreneurship

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 of the 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.