Date of Decision: December 8, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Healthcare and Life Sciences Management
Petitioner Information
Profession: Healthcare and Life Sciences Management Specialist
Field: Healthcare and Life Sciences Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner qualified for classification as a member of the professions holding an advanced degree.
Criteria Not Met:
- National Importance: The petitioner did not establish that waiving the job offer requirement would be in the national interest.
- Incorrect Application of Law or Policy: The motion to reconsider did not establish that the prior decision was based on an incorrect application of law or USCIS policy.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a healthcare and life sciences management specialist, proposed to work on projects related to the commercialization of translational research. However, the documentation submitted did not sufficiently establish the national importance of his specific proposed endeavor.
Substantial Merit and National Importance:
While the petitioner’s work in healthcare and life sciences management has substantial merit, the evidence did not show that his proposed endeavor had broader national or global implications. The Director noted that the provided evidence related more to the overall importance of commercialization and innovation rather than identifying the national importance of his specific proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the petitioner’s contributions.
Supporting Evidence:
The petitioner submitted a brief and additional documentation, including articles and information about prostate cancer, his employer’s products and services, and the role of entrepreneurs in driving global economic growth. However, this documentation did not demonstrate the national importance of the petitioner’s specific proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the national importance of his specific proposed endeavor. The motion to reconsider did not provide sufficient new arguments to establish errors in the prior decision.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Not provided or summarized in the decision
Advisory Letter: Not provided
Other Supporting Documentation: Included articles and information related to healthcare and life sciences management, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that his proposed endeavor has national importance or that it would be beneficial to waive the labor certification process. The motion to reconsider was dismissed due to insufficient new evidence and failure to demonstrate errors in the previous decision.
Download the Full Petition Review Here
