Food Industry Management Consultant

The petition was denied because the Petitioner did not establish eligibility for the underlying EB-2 immigrant classification, specifically failing to meet any of the six evidentiary criteria for exceptional ability at 8 C.F.R. § 204.5(k)(3)(ii). As a result, the national interest waiver arguments were not considered. Subsequent combined motions to reopen and reconsider were dismissed because the Petitioner did not submit new facts or identify any error of law or policy in the prior decision, merely rearguing previously considered issues.

The petitioner's proposed work involves food engineering, though the specific project details are not elaborated upon in the decision due to the threshold failure to meet EB-2 educational and experience requirements.

The Petitioner's initial filing reflected his company will provide consulting services for bars, restaurants, and events, which he proposed would generate jobs in the United States, improve working conditions, and spur investment in the local and regional communities, with a particular focus on restaurants and bars.

The petitioner proposes to build on experience in packaging manufacturing processes for the food industry to enhance the cycle of continuous improvement of food safety practices. He intends to advise companies on food safety standards and compliance while disseminating work through conferences, tutorials, and focused training.