Date of Decision: March 3, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Geology
Petitioner Information
Profession: Geology Researcher
Field: Microfossils and Environmental/Paleoenvironmental Assessments
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The Petitioner demonstrated that her research involving microfossils and their applications in environmental and paleoenvironmental assessments has substantial merit and national importance. The benefit of her proposed research extends to broader implications in the field, as indicated by the dissemination of results through scientific journals and conferences.
Criteria Not Met:
- Well Positioned to Advance the Proposed Endeavor: Despite the Petitioner’s education, experience, and involvement in various research projects, the evidence provided was insufficient to demonstrate that she is well positioned to advance her proposed research. The letters of support did not provide specific examples of the Petitioner’s research findings being implemented, utilized, or applauded in the geology field.
- Balancing Factors to Determine Waiver’s Benefit to the United States: The Petitioner did not satisfy the second prong of the Dhanasar framework, making further discussion of the balancing factors under the third prong unnecessary.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intended to continue her scientific research on microfossils and their applications in environmental and paleoenvironmental assessments, including sea level forecasting and offshore sand and mineral discovery.
Substantial Merit and National Importance:
The Petitioner’s research was shown to have significant implications for the field, supported by the dissemination of results through scientific journals and conferences.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner’s expertise and research accomplishments were acknowledged, but the evidence did not sufficiently demonstrate that her contributions would outweigh the need for a labor certification.
Supporting Evidence
The Petitioner provided documentation such as her curriculum vitae, academic credentials, published articles, and letters of support discussing her research projects.
Inconsistencies in Proposed Endeavor
The letters of support did not sufficiently show that the Petitioner’s research findings had been implemented, utilized, or widely recognized in the field of geology.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
The Petitioner submitted advisory letters, but they lacked specific examples indicating the implementation or impact of her research findings.
Any Other Supporting Documentation:
Not applicable.
Conclusion
The appeal was dismissed. The Petitioner did not sufficiently demonstrate that she is well positioned to advance her proposed research endeavor or that it would be beneficial to the United States to waive the labor certification requirement.
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