Date of Decision: October 25, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Environmental Microbiology
Petitioner Information
Profession: Environmental Microbiology Researcher
Field: Environmental Microbiology
Nationality: [Nationality]
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Qualification for EB-2 Classification: The petitioner has a Ph.D. in plant and environmental science, qualifying him as a member of the professions holding an advanced degree.
Initial NIW Approval under NYSDOT Framework: Initially met the NYSDOT framework for national interest waiver under previous guidelines.
Criteria Not Met:
Dhanasar Framework Compliance: Post-approval review under the Dhanasar decision revealed deficiencies in demonstrating how the petitioner’s work met the new criteria, specifically failing to convincingly address the three prongs of Dhanasar.
Key Points from the Decision
Proposed Endeavor:
The petitioner’s research focuses on environmental microbiology, aiming to address significant issues related to environmental preservation and the remediation of polluted environments.
Substantial Merit and National Importance:
The research was recognized for its potential impact on environmental practices and policies, which are crucial for sustainable development and public health.
Supporting Evidence:
Research Publications and Citations: Illustrate recognition and impact within the scientific community.
Letters from Academic Peers and Industry Professionals: Support the significance and necessity of the petitioner’s research.
Inconsistencies in Proposed Endeavor:
The transition from the NYSDOT to the Dhanasar framework highlighted issues in the original petition’s alignment with the new criteria, specifically the lack of clear demonstration that the petitioner’s impact would be of national scope beyond the academic and local community levels.
Supporting Documentation
Letters of Intent: Not required under NIW provisions.
Business Plan: Not applicable, but the research agenda and projected outcomes were detailed.
Advisory Letter: Letters from field experts endorsing the petitioner’s contributions and future potential.
Other Documentation: Includes detailed descriptions of ongoing and future research projects, demonstrating the endeavor’s alignment with national interests.
Conclusion
Final Determination: The initial approval is withdrawn, and the case is remanded for further review under the NYSDOT framework, as the petition was approved before the enforcement of the Dhanasar criteria.
Reasoning:
The remand was necessitated by the need to reassess the petition under the appropriate legal standards active at the time of the initial decision. The AAO instructs the Director to apply the NYSDOT framework and reconsider the national interest waiver accordingly.
