Date of Decision: July 20, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Medical Epidemiology
Petitioner Information
Profession: Medical Epidemiologist
Field: Medical Epidemiology
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner’s proposed endeavor in advancing public health preparedness and emergency response in resource-challenged environments, focusing on vaccine-preventable diseases such as polioviruses and Ebola virus, was recognized for its substantial merit and national importance.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence to show he was well-positioned to advance his proposed endeavor. The submitted documents, including his curriculum vitae, education credentials, employment record, reference letters, publication record, citation history, manuscript reviews, research projects, and media reports, did not convincingly demonstrate his capacity to significantly influence or advance the field of medical epidemiology.
- On Balance, Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process, especially given the existing process to address such needs through labor certification.
Key Points from the Decision
Proposed Endeavor: The petitioner proposed to advance public health preparedness and emergency response in resource-challenged environments with a focus on vaccine-preventable diseases such as polioviruses and the Ebola virus.
Substantial Merit and National Importance: The petitioner’s endeavor was recognized for its substantial merit due to its potential to address critical public health issues in resource-challenged environments. However, the documentation did not show that his work had broader implications that would significantly impact the U.S. public health system at a national level.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process: The petitioner argued that his work would contribute to the U.S. public health system by enhancing public health preparedness and emergency response. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence
The petitioner submitted his curriculum vitae, academic credentials, employment records, reference letters, publication records, citation history, manuscript reviews, research projects, and media reports. However, the evidence did not sufficiently show that his contributions would have a substantial positive impact on the U.S. public health system or create significant job opportunities.
Inconsistencies in Proposed Endeavor
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized to the extent necessary to meet the national importance requirement.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not provided or summarized in the decision.
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation: Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
The appeal was dismissed. The petitioner did not meet the criteria for demonstrating that his proposed endeavor had national importance or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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