Date of Decision: January 09, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Computational Materials Science and Quantum Information Science and Technology (QIST)
Petitioner Information
Profession: Computational Materials Scientist
Field: Quantum Information Science and Technology (QIST)
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner’s endeavor in advancing areas such as QIST and addressing challenges related to energy and the environment was recognized as having merit and importance.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner failed to provide a detailed and specific description of her proposed endeavor. The lack of detail on her research plans and how they connect to national interests was a critical shortfall.
Key Points from the Decision
Proposed Endeavor:
- The petitioner planned to employ multiscale simulation techniques to innovate novel functional materials, particularly for advancements in QIST.
Substantial Merit and National Importance:
- The petitioner’s work was aligned with national priorities like the National Quantum Initiative Act and aimed at advancing QIST, a key area for U.S. economic and national security.
Supporting Evidence:
- Evidence included articles from university and government sources discussing QIST, its applications, and the petitioner’s prior work. However, the specifics of how her future endeavors would specifically advance the field were not clearly demonstrated.
Inconsistencies in Proposed Endeavor:
- There were inconsistencies and a lack of detail in the petitioner’s description of her proposed research activities, which failed to establish her well-positioned status to advance the proposed endeavor.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: Articles and research excerpts were provided, but they did not compensate for the lack of a detailed proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed due to insufficient details on the petitioner’s specific proposed research activities and how they connect to substantial merit and national importance.
Reasoning:
- The decision highlighted the need for clear, detailed descriptions of proposed endeavors in national interest waiver cases, and noted the importance of demonstrating how such endeavors are well-positioned to succeed and benefit the United States.
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