Date of Decision: January 6, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Economics
Petitioner Information
Profession: Economist
Field: Advanced Degree
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner qualified for classification as a member of the professions holding an advanced degree.
Criterion 2: The Petitioner provided the required statement indicating that her petition is not and has not been the subject of any judicial proceedings.
Criteria Not Met:
Criterion 1: The Petitioner did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Criterion 2: The initial decision was dismissed due to the lack of a statement about whether the unfavorable decision has been the subject of any judicial proceeding.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, an economist, seeks to contribute to her field through advanced research and practical applications that could benefit the national interest.
Substantial Merit and National Importance:
The Director did not find sufficient evidence that the Petitioner’s work met the standards of substantial merit and national importance required for the waiver.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner’s work must demonstrate significant potential benefits to the United States, justifying the waiver of the labor certification requirements.
Key Quotes or References:
- “The Petitioner has the burden to establish eligibility for the requested benefit by a preponderance of the evidence.”
Supporting Evidence:
The Petitioner submitted a brief and other supporting documents to argue for the national interest waiver, including a confirmation that her petition has not been the subject of any judicial proceedings.
Key Quotes or References:
- “The statement that the Petitioner submitted with her appeal addresses the Director’s sole ground for dismissal by confirming that her petition is not and has not been the subject of any judicial proceeding.”
Inconsistencies in Proposed Endeavor:
There were no specific inconsistencies noted in the proposed endeavor; rather, the decision focused on procedural aspects and the substantive merits of the national interest waiver.
Supporting Documentation
Letters of Intent:
The documents included statements and briefs, but the content of specific letters of intent is not detailed in the provided excerpt.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the case was remanded for further review.
Reasoning: The appeal successfully addressed the procedural issue concerning the statement about judicial proceedings, necessitating a new decision on the substantive merits of the national interest waiver.
Download the Full Petition Review Here
