Date of Decision: September 25, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: HIV Epidemiology
Petitioner Information
Profession: Epidemiologist
Field: HIV/STD Prevention
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The petitioner demonstrated qualifications as a member of the professions holding an advanced degree.
The petitioner showed substantial merit and national importance of her work in HIV prevention.
Criteria Not Met:
The petitioner did not sufficiently demonstrate that her role and achievements have a broader impact beyond her immediate work environment.
The evidence did not show that the petitioner’s contributions are widely recognized or have significantly influenced the field of HIV epidemiology at a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her work as an epidemiologist in the HIV/STD prevention program. Her work involves data management, monitoring HIV testing grantees, and evaluating their effectiveness at providing preventive services.
Substantial Merit and National Importance:
The petitioner’s work in ensuring that high-risk populations receive effective HIV prevention interventions has substantial merit.
She has presented her findings at national conferences, disseminating her research to other professionals in the field.
However, the evidence did not demonstrate that her work has broader implications for the field of epidemiology at a national level.
Supporting Evidence:
The petitioner submitted letters of support, academic records, documentation of her role in securing CDC-funded HIV prevention grants, and her presentations at national conferences.
Despite these, the evidence did not show that her work has generated significant interest or impact in the broader medical community.
Inconsistencies in Proposed Endeavor:
The evidence did not establish that the petitioner’s work has influenced public health practices or policies beyond her immediate organization.
Supporting Documentation
Letters of Intent:
Letters from colleagues and supervisors highlighting the petitioner’s skills and contributions in HIV prevention.
Business Plan:
Not applicable.
Advisory Letter:
Not applicable.
Any Other Supporting Documentation:
Academic records, presentations at national conferences, and documentation of CDC-funded grants.
Conclusion
The appeal was dismissed. The petitioner did not demonstrate that her work has a broader impact beyond her immediate environment or that she is well-positioned to advance her proposed endeavor at a national level.
Download the Full Petition Review Here
In Re: SEP252017_01B5203
Document Name: SEP252017_01B5203
