Date of Decision: FEB. 22, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Advanced Degree
Petitioner Information
Profession: Advanced Degree Professional
Field: Advanced Degree
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The Petitioner established the substantial merit and national importance of his proposed endeavor.
Criteria Not Met:
- Well Positioned to Advance the Proposed Endeavor: The Petitioner failed to demonstrate he is well positioned to advance the proposed endeavor. The evidence submitted did not sufficiently highlight the Petitioner’s work or impact in the field.
- Beneficial to Waive the Labor Certification Process: The Petitioner did not establish that waiving the labor certification process would be beneficial to the United States.
Key Points from the Decision
Proposed Endeavor:
The Petitioner’s proposed endeavor involved utilizing advanced degree skills in a professional setting. However, the specific details and the potential impact were not adequately demonstrated.
Substantial Merit and National Importance:
The Petitioner’s proposed endeavor was recognized as having substantial merit and national importance. This was based on the advanced degree and the professional nature of the work.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
Despite recognizing the substantial merit and national importance, the Petitioner did not sufficiently demonstrate that waiving the labor certification would be beneficial. The evidence provided did not adequately show the Petitioner’s unique qualifications or how they would advance the endeavor.
Supporting Evidence:
- Articles and References: The Petitioner provided articles and references; however, they did not distinguish or highlight the Petitioner’s work from others.
- Google Scholar Citations: The citations did not specify the impact or relevance to the Petitioner’s work.
- Offer Letter: An offer letter for a “Data Reviewer” position was submitted but lacked detailed job duties or relevance to the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The evidence provided did not demonstrate a clear and unique impact of the Petitioner’s work, leading to inconsistencies in proving the Petitioner is well positioned to advance the proposed endeavor.
Supporting Documentation
Letters of Intent:
- Summary and Key Points: The letters did not sufficiently outline the Petitioner’s specific contributions or distinguish their work in the field.
Conclusion
Final Determination: The appeal was denied. The petitioner did not provide new evidence sufficient to overcome prior conclusions. The Petitioner failed to demonstrate they are well positioned to advance their proposed endeavor or that waiving the labor certification would benefit the United States.
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