Date of Decision: JUN. 07, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Medicine
Petitioner Information
Profession: Medical Doctor
Field: Medicine
Nationality: Nigeria
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
- Advanced Degree: The Petitioner possesses two foreign degrees from Nigeria, considered the equivalent of a U.S. bachelor’s degree.
- Quality Assurance Experience: The Petitioner has experience in quality assurance within an in-home hospice care company.
Criteria Not Met
- U.S. Medical Licensure: The Petitioner did not establish that she is licensed to practice medicine in the United States.
- Proposed Endeavor Clarity: The Petitioner did not provide sufficient and consistent information regarding her proposed endeavor in the U.S.
Key Points from the Decision
Proposed Endeavor
The Petitioner initially claimed to work as a medical doctor but later stated she was employed as an Epidemiologist. This inconsistency affected the clarity and focus of her proposed endeavor.
Substantial Merit and National Importance
The Petitioner did not provide sufficient evidence to demonstrate that her proposed endeavor as an Epidemiologist has substantial merit and national importance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process
The evidence did not support that waiving the job offer requirement would be beneficial to the United States. The lack of clarity and consistency in the Petitioner’s proposed endeavor was a significant factor.
Supporting Evidence
The Petitioner provided various documents, including:
- Academic Credentials: Foreign degrees and an MBA from a U.S. university.
- Employment Letters: Evidence of her employment as an Epidemiologist.
- Research Work: Articles on COVID-19 and other infectious diseases.
Inconsistencies in Proposed Endeavor
The Petitioner’s proposed work shifted from being a medical doctor to an Epidemiologist, creating a lack of clarity about her future work in the U.S.
Supporting Documentation
Letters of Intent
The Petitioner did not provide clear letters of intent regarding her future employment as a medical doctor or Epidemiologist.
Business Plan
Not applicable.
Advisory Letter
Not applicable.
Any Other Supporting Documentation
The Petitioner submitted various documents that lacked clarity and consistency regarding her proposed future work.
Conclusion
Final Determination: The appeal was dismissed due to inconsistencies in the proposed endeavor and insufficient evidence of eligibility for a national interest waiver.
Reasoning: The Petitioner did not clarify her proposed future work, did not establish that her endeavor has substantial merit and national importance, and did not demonstrate that waiving the job offer requirement would benefit the United States.
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