Date of Decision: December 5, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Clinical Research
Petitioner Information
Profession: Director of Clinical Research
Field: Clinical Research
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed as Abandoned
Evidentiary Criteria Analysis
Criteria Met:
None identified, as the appeal was summarily dismissed due to lack of response.
None identified, as the appeal was summarily dismissed due to lack of response.
Criteria Not Met:
The petitioner did not demonstrate that the beneficiary holds a degree and training in the specific field of study required for the offered position.
The petitioner did not show that the beneficiary had the experience required for the offered position.
The job opportunity was not established as bona fide.
The petitioner did not establish an intention to employ the beneficiary in the offered position.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a medical practice and research clinic, sought to employ the beneficiary as a director of clinical research.
Substantial Merit and National Importance:
Not directly addressed in the decision, as the primary issues were related to educational and experiential qualifications and the bona fide nature of the job offer.
Supporting Evidence:
The petitioner did not respond to the Notice of Intent to Dismiss (NOID) issued on August 24, 2017, which requested additional documentation to address evidentiary deficiencies and discrepancies.
Inconsistencies in Proposed Endeavor:
The petitioner did not provide sufficient evidence of the beneficiary’s education, training, and experience.
The petitioner did not establish the bona fide nature of the job opportunity or the intention to employ the beneficiary.
Supporting Documentation
Letters of Intent:
Not specified in the document.
Business Plan:
Not specified in the document.
Advisory Letter:
Not specified in the document.
Any other supporting documentation:
Not provided due to the lack of response to the NOID.
Conclusion
Final Determination: The appeal is summarily dismissed as abandoned.
Reasoning:
The petitioner did not respond to the NOID within the required timeframe, which led to the summary dismissal of the appeal. The petitioner failed to provide the necessary evidence to establish the beneficiary’s qualifications, the bona fide nature of the job opportunity, and the intention to employ the beneficiary in the offered position. Consequently, the beneficiary was deemed ineligible for immigrant classification as an advanced degree professional, resulting in the dismissal of the appeal.
