Date of Decision: March 15, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Biocompatibility Material Science
Petitioner Information
Profession: Biocompatibility Material Scientist
Field: Biocompatibility Material Science
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance: The Petitioner’s proposed endeavor in biocompatibility material science, focusing on developing novel materials for advanced and surgical wound care, was demonstrated to have substantial merit and national importance.
Well-Positioned to Advance the Proposed Endeavor: The Petitioner provided extensive evidence of his expertise, including his Ph.D., published work, and current research position, establishing that he is well-positioned to advance his proposed endeavor.
Benefit to the United States: The Petitioner’s work demonstrated potential widespread medical benefits, and his contributions were deemed valuable enough to benefit the United States even if other qualified U.S. workers were available.
Criteria Not Met:
None. The Petitioner met all three prongs of the Dhanasar framework.
Key Points from the Decision
Proposed Endeavor
The Petitioner, a biocompatibility material scientist, proposed to continue his research and development work in the medical solutions division of a company. His work focuses on improving materials for advanced wound dressing products, which has the potential to significantly impact patient outcomes and the quality of wound care.
Substantial Merit and National Importance:
The Petitioner’s research in developing new materials for wound care has substantial merit and national importance due to its potential to improve patient outcomes and provide cost-effective care solutions. Letters from experts in the field and his employer highlighted the broader implications of his work for the healthcare industry.
Supporting Evidence:
The Petitioner provided his curriculum vitae, academic records, published work, citation evidence, and reference letters from experts. His current research, publications, and the national significance of his work were well-documented.
Inconsistencies in Proposed Endeavor
There were no significant inconsistencies in the Petitioner’s proposed endeavor. The evidence consistently supported the national importance and substantial merit of his work.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Letters from the Petitioner’s supervisor and other experts supported the significance and impact of his work.
Any other supporting documentation:
The Petitioner included evidence of his research publications and the high citation rate of his work, further supporting his position to advance his proposed endeavor.
Conclusion
Final Determination: The appeal was sustained, and the Petitioner was granted a national interest waiver.
Reasoning:
The Petitioner successfully demonstrated that his proposed endeavor has substantial merit and national importance, that he is well-positioned to advance his work, and that waiving the job offer requirement would benefit the United States.
