Date of Decision: April 14, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Anesthesiology
Petitioner Information
Profession: Anesthesiologist
Field: Anesthesiology
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The Director’s decision did not acknowledge any criteria met by the petitioner.
Criteria Not Met:
- National Importance: The Director found that the petitioner did not establish that the proposed endeavor has national importance.
- Well-Positioned to Advance the Endeavor: The petitioner did not sufficiently demonstrate that they are well-positioned to advance the proposed endeavor.
- Balancing Test: The petitioner failed to show that waiving the job offer requirement would benefit the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner, an anesthesiologist, proposed to work in clinical practice and research, as well as in teaching medical students and improving hospital procedures.
Substantial Merit and National Importance:
The Director concluded that the evidence provided did not demonstrate that the petitioner’s proposed endeavor has national importance. The petitioner’s contributions during education and training were not deemed significant enough to outweigh the protection of the domestic labor supply.
Supporting Evidence:
The petitioner submitted various documents, including letters and Google Scholar information, which were found insufficient to establish eligibility. Many of these documents were not considered because they occurred after the filing of the petition.
Inconsistencies in Proposed Endeavor:
The petitioner did not address how the Director erred in concluding that the proposed endeavor lacked national importance and failed to demonstrate the balancing test required for a national interest waiver.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Not provided or summarized in the decision.
Any Other Supporting Documentation:
The petitioner submitted additional documents, but they did not address the Director’s conclusions regarding the national importance or the balancing test.
Conclusion
Final Determination: The appeal was summarily dismissed.
Reasoning: The petitioner did not address the Director’s conclusions regarding the national importance of the proposed endeavor or the balancing test. The appeal lacked specific identification of any erroneous conclusions of law or fact.
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