Date of Decision: June 10, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Data Science
Petitioner Information
Profession: Data Science Researcher
Field: Data Science, Algorithms, Computing Environments
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that his proposed endeavor had substantial merit and national importance. His research in data science, focusing on algorithms and computing environments, was recognized to have significant implications for advancing scientific and economic interests.
Criteria Not Met:
- None: The petitioner met all the necessary criteria upon review.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his research in data science, focusing on algorithms and computing environments. His goal was to enhance experiment management and enable easier access for data science research.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit and national importance due to its potential to address complex problems in data science. His research aimed at improving methods for extracting and processing information from large datasets, with broader implications for the field, as evidenced by dissemination through scientific journals and conferences.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would contribute to the United States by advancing scientific interests in data science. His past successes in the field, published influential research findings, and the potential benefits of his proposed work demonstrated that waiving the labor certification requirement would be beneficial to the United States.
Supporting Evidence:
The petitioner submitted his curriculum vitae, academic records, published and presented work, peer review activity, and documentation of articles citing his research. Letters of support from experts and independent citation evidence highlighted the significance of his work.
Inconsistencies in Proposed Endeavor:
None noted.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided and supported the claim of national importance.
Any Other Supporting Documentation:
Included letters from experts and citation evidence that demonstrated the significant impact of the petitioner’s work in the field of data science.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The petitioner met the criteria for demonstrating substantial merit and national importance of his proposed endeavor, was well-positioned to advance the endeavor, and proved that waiving the labor certification requirement would be beneficial to the United States.
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