Date of Decision: FEB. 16, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Biomedical Research
Petitioner Information
Profession: Biomedical Researcher
Field: Biomedical Engineering
Nationality: Indian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Advanced Degree – The petitioner holds a PhD in Biomedical Engineering.
Criterion 2: Exceptional Ability – Demonstrated through publications and citations in esteemed journals.
Criteria Not Met:
Criterion 1: Contribution to the U.S. national interest significantly above that ordinarily encountered – The evidence provided did not conclusively show that the petitioner’s work impacts beyond the immediate field of research.
Criterion 2: Urgency of proposed endeavor – The appeal failed to establish the critical need for the petitioner’s specific expertise in the U.S.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to develop new biomedical devices that could improve patient monitoring techniques.
Substantial Merit and National Importance:
While the petitioner’s research is beneficial, the evidence did not sufficiently demonstrate its crucial impact on U.S. healthcare or a broader national scale.
Supporting Evidence:
The petitioner provided evidence including publications, letters of intent from potential collaborators, and testimonials from field experts. However, the appeal highlighted a disconnect between the claimed broad impacts and the actual evidence which was more narrowly focused on academic achievements.
Inconsistencies in Proposed Endeavor:
The USCIS raised concerns about the actual implementation and broader application of the proposed research, questioning the feasibility and timeline provided by the petitioner.
Supporting Documentation
Letters of Intent:
Several letters from U.S. research institutions expressed interest in the petitioner’s research but did not commit to immediate practical application.
Business Plan:
Outlined potential commercialization of research findings but lacked detailed market analysis and potential impact assessment.
Advisory Letter:
Peer reviews commend the petitioner’s expertise but suggest the research is at too early a stage to guarantee significant national benefit.
Conclusion
Final Determination:
The USCIS upheld the denial based on the insufficiency of the evidence to prove the national interest waiver’s criteria thoroughly. The key issue was the petitioner’s inability to demonstrate that the endeavor has substantial merit and national importance beyond the academic community.
Download the Full Petition Review Here
