Date of Decision: May 13, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Biomedical Science
Petitioner Information
Profession: Biomedical Scientist
Field: Biomedical Science
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced degree professional: Established as holding an advanced degree.
- Exceptional ability: Submitted evidence under various categories to establish exceptional ability.
Criteria Not Met:
- National interest waiver: Failed to demonstrate that the waiver of job offer requirements would benefit the national interest.
- Material misrepresentation: Engaged in willful misrepresentation of a material fact related to the petition.
Key Points from the Decision
Proposed Endeavor:
- Proposes to write international medical books, work at research institutions, and establish a medical research institute in the U.S.
Substantial Merit and National Importance:
- Claimed substantial merit in his proposed endeavor, but failed to establish its national importance. The claims were undermined by credibility issues due to misrepresentation.
Supporting Evidence
- The petitioner submitted falsified documents and plagiarized content, which significantly affected the credibility of the entire case.
Inconsistencies in Proposed Endeavor
- The petitioner provided incorrect information about his qualifications and plagiarized content in his supporting documents, which led to questions about the legitimacy of his entire endeavor.
Supporting Documentation
Letters of Intent:
- Not applicable due to credibility issues with the petitioner’s submissions.
Business Plan: - Not applicable due to lack of credible evidence.
Advisory Letter: - Not applicable as the submitted letters were found to lack credibility.
Any Other Supporting Documentation: - The evidence provided was compromised by inaccuracies and false information.
Conclusion
The final determination of the appeal was a denial. The key reason for the decision was the petitioner’s willful misrepresentation of material facts, which undermined the credibility of his petition and his proposed endeavor. This misrepresentation included submitting plagiarized documents and falsified qualifications, which are critical in assessing eligibility and intent.
