dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Industrial Engineering
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Decision Summary
The appeal was dismissed because the petitioner substantially altered his proposed endeavor after filing the petition. The petitioner submitted a business plan for his own consulting company, which was incorporated after the petition filing date, in response to an RFE. A petitioner must establish eligibility at the time of filing, and this new business plan presented a new set of facts that did not exist at that time.
Criteria Discussed
Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Balance Test For Waiver
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