Date of Decision: March 25, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Bioethics
Petitioner Information
Profession: Bioethicist
Field: Bioethics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Proposed Endeavor: The proposed endeavor has both substantial merit and national importance.
Criteria Not Met:
- Petitioner Positioning: The Petitioner was not well-positioned to advance the proposed endeavor at the time of filing.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to advance the field of bioethics through various initiatives and collaborations with academic and research institutions.
Substantial Merit and National Importance:
The endeavor was found to have substantial merit and national importance due to its potential contributions to the ethical considerations in healthcare and research.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
Despite the merit and importance of the proposed endeavor, the petitioner’s qualifications and experience at the time of filing were deemed insufficient to support the waiver of the labor certification requirement.
Supporting Evidence:
New Evidence on Motion to Reopen:
- Letters from academic and research institutions supporting the petitioner’s post-doctoral fellowship and research contributions.
- Published articles citing the petitioner’s work.
Inconsistencies in Proposed Endeavor:
The petitioner’s qualifications and experience at the time of filing were incomplete, which affected the overall assessment of their ability to advance the proposed endeavor.
Supporting Documentation:
Letters of Intent:
- Letters from directors of various institutes supporting the petitioner’s work and future potential.
Advisory Letter:
- Letters detailing the petitioner’s contributions to the field and potential future impact.
Conclusion
Final Determination: The appeal was denied. The petitioner did not demonstrate that they were well-positioned to advance the proposed endeavor at the time of filing.
