Date of Decision: November 25, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Urology
Petitioner Information
Profession: Associate Professor of Urology
Field: Pediatric Urology
Nationality: Iran
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Intrinsic Merit:
The Petitioner’s work in the field of pediatric urology, particularly concerning the regeneration of the urinary sphincter and kidney, is recognized as having substantial intrinsic merit. - National Scope of Benefit:
The Petitioner’s research has implications on a national scale, potentially improving urological treatments and patient outcomes across the United States.
Criteria Not Met:
- Third Prong of NYSDOT Analysis:
Initially, the Director determined that the Petitioner’s impact and influence on his field did not satisfy the requirement to serve the national interest to a substantially greater degree than an available U.S. worker with the same qualifications.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to continue his medical research in pediatric urology, focusing on innovative treatments for urological disorders.
Substantial Merit and National Importance:
The decision highlighted the significant benefits of the Petitioner’s research, including the advancement of treatments for urinary sphincter and kidney regeneration. His work is noted for its potential national impact on healthcare.
Supporting Evidence:
The Petitioner provided extensive documentation, including numerous journal articles, a Google Scholar citation index showing 188 citations, and letters of support from notable academics and institutions. These documents established the Petitioner’s influence and the importance of his research.
Inconsistencies in Proposed Endeavor:
No major inconsistencies were noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
Letters from the Chancellor of the Petitioner’s university and other notable figures supported the Petitioner’s significant contributions and the necessity of his continued research in the U.S.
Business Plan:
Not applicable in this case.
Advisory Letter:
Included were letters from high-ranking officials and department heads, underscoring the Petitioner’s role in founding a significant medical research institution and his election as Editor-in-Chief.
Other Supporting Documentation:
Certificates and official recognition from Iran and documentation of the Petitioner’s numerous published articles and their citations by independent researchers further validated his contributions.
Conclusion
Final Determination: The appeal was sustained, and the Petitioner’s request for a National Interest Waiver was approved. The evidence submitted demonstrated that the benefit of retaining the Petitioner’s services outweighed the national interest inherent in the labor certification process.
Reasoning: The Petitioner’s past achievements and the national significance of his work in pediatric urology justified a waiver of the job offer requirement, highlighting his unique contributions and future potential benefits to the United States.
