Date of Decision: January 11, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Pharmacy Management and Research Services
Petitioner Information
Profession: Manager of Research Services
Field: Pharmacy Management and Research Services
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Requirement: The petitioner demonstrated that the beneficiary qualifies as a professional with an advanced degree necessary for the position.
- Job Offer Requirement: A valid job offer was in place as evidenced by the labor certification initially approved.
Criteria Not Met:
- Honest and Transparent Application Process: The petitioner failed to disclose a familial relationship between its principal and the beneficiary, which is considered a material fact.
- Beneficiary’s Qualifications Independently Verified: The familial ties cast doubt on the legitimacy of the beneficiary’s qualifications and the genuineness of the job offer.
Key Points from the Decision
Proposed Endeavor:
The beneficiary was proposed to manage pharmacy research services, indicating a significant role within the petitioner’s operations.
Substantial Merit and National Importance:
The position was deemed of national importance due to its impact on healthcare and pharmaceutical research, yet the misrepresentation overshadowed these factors.
Supporting Evidence:
Initially, evidence such as labor certifications suggested a legitimate employment need, but this was later undermined by revelations of familial relationships.
Inconsistencies in Proposed Endeavor:
The undisclosed familial relationship led to questions about the authenticity of the job offer and the beneficiary’s independent qualifications.
Supporting Documentation
Labor Certification: Initially served as key evidence for the job offer but was later invalidated due to misrepresentation.
Conclusion
Final Determination: The appeal was dismissed, and the petition’s initial approval was revoked based on willful misrepresentation of material facts concerning the familial relationship, significantly affecting the trustworthiness of the petition.
Reasoning:
The decision emphasized the importance of transparency and honesty in immigration petitions, particularly regarding material facts that could influence the adjudication process.
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