Date of Decision: July 5, 2022
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: Denied
Evidentiary Criteria Analysis
Criteria Met:
Progress in Proposed Endeavor:
The petitioner provided evidence of progress in a gene therapy project, demonstrating some advancement in his field.
Criteria Not Met:
National Importance of Proposed Endeavor:
The petitioner’s projects were not deemed to have a significant impact on a national scale, as they were limited to specific clients and not available to the public or the broader scientific community.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to contribute to healthcare and life sciences through various projects, including gene therapy and commercialization of medical technologies.
Substantial Merit and National Importance:
The petitioner’s work, while valuable, was found to primarily benefit specific companies rather than having a broad, national impact.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The evidence did not convincingly show that waiving the labor certification would be beneficial to the U.S., as the petitioner’s contributions were not sufficiently demonstrated to impact the public or the nation significantly.
Supporting Evidence
The petitioner submitted additional documents to support his motion, including evidence of his involvement in a gene therapy project. However, this evidence was related to past activities and did not sufficiently demonstrate the future national importance of his proposed endeavor.
Inconsistencies in Proposed Endeavor:
The petitioner’s projects were mostly client-specific, limiting their broader applicability and national significance.
Supporting Documentation
Letters of Intent:
Not provided.
Business Plan:
Not provided.
Advisory Letter:
Not provided.
Any other supporting documentation:
Not provided.
Conclusion
Final Determination: The appeal was denied. The petitioner did not sufficiently demonstrate the national importance of his proposed endeavor, nor did he show that waiving the labor certification would benefit the U.S.
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