Date of Decision: May 23, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Electrical Engineering
Petitioner Information
Profession: Electrical Engineer
Field: Electrical Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional:
The petitioner holds a Ph.D. in Nano Electronics, qualifying him as a member of the professions holding an advanced degree.
Criteria Not Met:
Evaluation of Admissibility:
The Director inappropriately considered the petitioner’s previous nonimmigrant visa denials in the analysis of the NIW petition, which is beyond the scope of the Dhanasar framework.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to continue his research in the design and fabrication of electronic circuits and semiconductor sensors, including biosensors for early cancer detection and micro-electrical-mechanical systems (MEMS).
Substantial Merit and National Importance:
The petitioner’s research in electronic circuits and semiconductor sensors, particularly for early cancer detection, holds substantial merit and national importance due to its potential health benefits and economic impacts. This was supported by several reference letters.
Supporting Evidence:
The petitioner provided his academic credentials, scholarly articles, and reference letters highlighting his established record of success and potential for future contributions in his field.
Inconsistencies in Proposed Endeavor:
The Director’s decision included considerations of the petitioner’s admissibility based on previous nonimmigrant visa denials, which is not relevant to the Dhanasar framework.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letters:
Reference letters supported the petitioner’s contributions to the field of electrical engineering and the national importance of his research.
Any other supporting documentation:
The petitioner submitted copies of his diploma, academic transcript, and reference letters detailing his research and professional accomplishments.
Conclusion
Final Determination:
The decision was remanded for further consideration. The Director must reassess the petitioner’s eligibility under the Dhanasar framework without considering his previous visa denials and perform a complete analysis under the third prong. If the petitioner meets all three prongs, the Director should then consider whether the petitioner merits a favorable exercise of discretion to grant the national interest waiver.
Reasoning:
The Director’s decision improperly considered factors outside the Dhanasar framework, specifically the petitioner’s previous visa denials. The remand requires a reevaluation based solely on the merits of the petitioner’s proposed endeavor and qualifications under the Dhanasar framework.
