Date of Decision: May 25, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Biochemistry
Petitioner Information
Profession: Biochemistry Researcher
Field: Biochemistry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner qualified for classification as a member of the professions holding an advanced degree.
- Substantial Merit and National Importance: The petitioner demonstrated that his proposed research in developing novel analogues for treating diseases has substantial merit and national importance.
- Well Positioned to Advance: The petitioner provided sufficient evidence of his qualifications, achievements, and the potential impact of his research to demonstrate that he is well positioned to advance his proposed endeavor.
- Beneficial Waiver: The petitioner provided adequate justification for waiving the labor certification process, demonstrating that his contributions would benefit the United States.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work as a postdoctoral fellow in biochemistry, focusing on developing novel analogues for treating diseases, including ultra-fast-acting compounds.
Substantial Merit and National Importance:
The petitioner’s proposed research in developing novel analogues has substantial merit and national importance. The petitioner provided letters of support discussing how his work advances treatments for diseases, reduces health risks, and has the potential for significant impact on U.S. public health. Documentation indicated that the petitioner’s research results are disseminated through scientific journals, further supporting the national importance of his work.
Well Positioned to Advance the Proposed Endeavor:
The petitioner submitted his curriculum vitae, academic records, published articles, peer review activity, and citation evidence. Reference letters described his expertise and past record of success in biochemistry research. Specific examples were provided on how the petitioner’s research has affected the field. The petitioner’s citation record demonstrated that his work is highly regarded and frequently cited by independent researchers. His experience, expertise, published work, and progress in the field position him well to advance his proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner’s extensive experience and expertise in biochemistry, coupled with the public health benefits associated with his research, support the conclusion that waiving the labor certification process would be beneficial to the United States. The petitioner’s track record of successful research and the significance of his proposed work demonstrate that his contributions would benefit the U.S. even if other qualified U.S. workers are available.
Supporting Evidence:
The petitioner submitted letters of support, documentation of his research activities, citation records, and information about the public health impact of his work. These were sufficient to demonstrate his qualifications and the national importance of his proposed endeavor.
Inconsistencies in Proposed Endeavor:
No inconsistencies were noted in the proposed endeavor. The petitioner’s evidence sufficiently demonstrated the potential broader impact of his work.
Supporting Documentation
Letters of Intent: Provided and detailed the potential impact of the petitioner’s research
Business Plan: Not provided or summarized in the decision
Advisory Letter: Provided and sufficiently detailed to support the claim of national importance
Other Supporting Documentation: Included citation records, research documentation, and letters of support, which were sufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The petitioner met the three prongs of the Dhanasar framework, establishing eligibility for and merit for a national interest waiver. The appeal was sustained, and the petitioner’s request for a national interest waiver was granted.
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