Date of Decision: May 11, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Biochemistry
Petitioner Information
Profession: Biochemist Researcher
Field: Biochemistry, Aptamer Research, Drug Detection, and Delivery
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The Petitioner holds a Ph.D. in biochemistry and meets the criteria for an advanced degree professional.
Well-Positioned to Advance the Endeavor: The Petitioner has a strong record of success in related research, significant publications, and recognition in the field.
Criteria Not Met:
N/A
Key Points from the Decision
Proposed Endeavor:
The Petitioner plans to continue working as a postdoctoral associate at a university medical center, focusing on advancing research in aptamers for drug detection, drug delivery, and blood clotting therapies.
Substantial Merit and National Importance:
The Petitioner’s proposed endeavor has substantial merit and national importance. The research in aptamers can lead to significant advancements in drug detection and therapies for blood clotting, with broad applications in public health.
Quotes and References: The decision highlighted the Petitioner’s instrumental role in NIH-funded projects and the potential use of aptamers as therapeutic agents.
Supporting Evidence:
The Petitioner provided a curriculum vitae, academic records, recommendation letters, independent references, published journal papers, citation records, research project documentation, news articles, and a patent.
Quotes and References: Letters from professors and colleagues detailed the Petitioner’s contributions to significant research projects and recognized the impact of their work on the scientific community and healthcare industry.
Inconsistencies in Proposed Endeavor:
No significant inconsistencies were noted. The evidence consistently supported the Petitioner’s ability to advance the proposed endeavor.
Supporting Documentation
Letters of Intent:
N/A
Business Plan:
N/A
Advisory Letter:
The Petitioner provided letters from professors and colleagues, which attested to the significance and impact of their research work.
Any other supporting documentation:
The Petitioner included publications, citation records, and documentation of funded research projects, all of which supported the national importance of their work.
Conclusion
Final Determination: The appeal was sustained. The Petitioner demonstrated eligibility for a national interest waiver under the Dhanasar framework.
Reasoning:
The Petitioner provided sufficient evidence to meet the three prongs of the Dhanasar framework. The proposed endeavor has substantial merit and national importance, the Petitioner is well-positioned to advance the endeavor, and waiving the job offer requirement would benefit the United States. The Petitioner’s contributions in biochemistry, particularly in aptamer research for drug detection and delivery, are of such value that they would benefit the United States even if other qualified U.S. workers are available.
