dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Trucking
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Decision Summary
The appeal was dismissed because the petitioner materially changed their proposed endeavor in response to a Request for Evidence (RFE), shifting from a transportation solutions provider to an operator of a trucking and English language school. This significant change made the endeavor ill-defined and ambiguous, preventing a proper analysis under the Dhanasar framework, as eligibility must be established at the time of filing.
Criteria Discussed
Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Beneficial To The U.S. To Waive Job Offer/Labor Certification
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