Date of Decision: January 4, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Nano-biotechnology and Microfluidics
Petitioner Information
Profession: Mechanical and Biomedical Engineer
Field: Nano-biotechnology and Microfluidics
Nationality: [Nationality]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: The Petitioner holds a Ph.D. from a recognized institution in the United Kingdom, qualifying him as a member of the professions holding an advanced degree.
Substantial Merit and National Importance: The Petitioner’s research in nano-biotechnology and microfluidics, particularly related to gigaseal formation and cell mechanics, was found to have substantial merit and national importance.
Criteria Not Met:
Not applicable, as the appeal was sustained and all criteria were ultimately met upon review.
Key Points from the Decision
Proposed Endeavor:
The Petitioner’s proposed endeavor involves advancing research in cell biology and electrophysiology of neurons using nanotechnology. His work focuses on understanding gigaseal formation and developing tools for spontaneous injury assessment, which has significant implications for medical and pharmaceutical research.
Substantial Merit and National Importance:
Summary: The Petitioner’s work aims to improve clinical treatments for neurological diseases and traumatic brain injuries by enhancing the understanding of neuron functions and developing new medical devices.
Key Quotes: The decision noted that the Petitioner’s research is crucial for developing automated screening techniques for drug discovery and improving the quality of medical experiments.
Supporting Evidence:
Summary: The Petitioner provided extensive documentation, including reference letters, research publications, and evidence of significant funding for his projects.
Key Quotes: Letters from experts in the field emphasized the importance of the Petitioner’s contributions to nanotechnology and cell biology, highlighting his role in advancing patch clamping techniques and developing innovative tools for medical research.
Inconsistencies in Proposed Endeavor:
Summary: No inconsistencies were noted in the proposed endeavor. The Petitioner’s documentation was consistent and supported the significance of his work.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation: The Petitioner provided reference letters from experts, evidence of his published research, and documentation of his leadership in high-profile projects.
Conclusion
Final Determination: Approved
Reasoning:
The Petitioner met the advanced degree requirement and demonstrated that his proposed work has substantial merit and national importance.
The Petitioner’s research and contributions to the field of nano-biotechnology and microfluidics were found to be of significant benefit to the United States, justifying a waiver of the job offer requirement.
Download the Full Petition Review Here
In Re: M-M-, JAN042017_01B5203.pdf
