Dismissed EB-2 NIW

EB-2 NIW Dismissed โ€” Industrial Engineering (2022): the petitioner substantially altered his proposed endeavor

๐Ÿ“… 2022-09-28 ๐Ÿ‘ค Individual ๐Ÿ“‚ 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.

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Criteria Discussed

Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Balance Test For Waiver
๐Ÿ“„ Original decision (USCIS PDF)

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