Date of Decision: August 13, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Pharmaceutical Chemistry
Petitioner Information
Profession: Assistant Professor and Pharmaceutical Chemist
Field: Pharmaceutical Chemistry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Qualification: The petitioner qualifies as a member of the professions holding an advanced degree, with qualifications in pharmaceutical chemistry and related fields.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide sufficient evidence to demonstrate that the proposed endeavor has both substantial merit and national importance.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not sufficiently demonstrate that he is well positioned to advance his proposed endeavor in pharmaceutical chemistry.
Key Points from the Decision
Proposed Endeavor:
The petitioner, an assistant professor and pharmaceutical chemist, proposed to employ his expertise in various fields, including pharmaceutical chemistry, organic analytical chemistry, high-resolution mass spectrometry, and x-ray crystallography. He aimed to contribute to U.S. public health initiatives and advance STEM education by working for federal agencies, such as the U.S. Department of State’s Office of Global AIDS Coordinator and Health Diplomacy, the U.S. Agency for International Development (USAID), and the Department of Health and Human Services (HHS).
Substantial Merit and National Importance:
The petitioner’s proposed endeavor in pharmaceutical chemistry has substantial merit. However, the Director concluded that the petitioner did not demonstrate its national importance. The evidence provided did not show that his work would significantly impact the broader U.S. healthcare system or contribute substantially to national public health initiatives.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would enhance public health initiatives and contribute to the U.S. healthcare system. However, the Director found insufficient evidence to support these claims. The proposed work did not show substantial potential to employ U.S. workers or provide notable healthcare benefits that would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including academic records, letters of support, and a business plan outlining his prospective endeavors. However, these documents did not sufficiently demonstrate that his specific endeavor would have a significant national impact or that he is well positioned to advance the proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the broader impact of his work were not supported by sufficient evidence to demonstrate its national importance. Additionally, there were inconsistencies in the petitioner’s documentation regarding the specific nature and impact of his proposed activities.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Provided but not sufficiently detailed to support the national importance of the petitioner’s work.
Advisory Letter:
Letters from colleagues and an expert opinion letter supported the petitioner’s skills but did not provide specific examples of his impact on the industry.
Any Other Supporting Documentation:
The petitioner provided articles and support letters, but these did not adequately demonstrate the national importance of his work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating the national importance of his proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have limited impact beyond his direct research and teaching activities.
Download the Full Petition Review Here
