Date of Decision: October 25, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Medical Research
Petitioner Information
Profession: Medical Researcher
Field: Liver Transplantation Research
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The Petitioner qualifies as a member of the professions holding an advanced degree.
Criteria Not Met:
Well Positioned to Advance Endeavor: The Petitioner did not demonstrate a track record of success or significant progress toward her proposed research in liver transplantation.
National Interest Waiver: The Petitioner did not show that her contributions outweigh the national interest in protecting the domestic labor supply.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to continue performing research in the area of liver transplantation, focusing on improving the assessment and restoration of livers prior to transplant.
Substantial Merit and National Importance:
The proposed endeavor of liver transplantation research is of substantial merit, as it advances medical science and improves human health. The evidence includes articles from scientific journals and information from the Mayo Clinic highlighting the importance of liver transplantation. The Petitioner’s research in this area addresses the limited availability of suitable livers for transplant, which is a significant national issue.
Supporting Evidence:
The Petitioner submitted articles, letters of support, and documentation of her research activities. However, these documents did not sufficiently demonstrate a track record of success or significant recognition in her field.
Inconsistencies in Proposed Endeavor:
There were inconsistencies and unsupported assertions regarding the Petitioner’s success and recognition in her field. The letters of support provided were primarily conclusory and lacked specific evidence of the Petitioner’s impact and success in liver transplantation research.
Supporting Documentation
Letters of Intent:
Several letters were provided, but they lacked specific information and supporting evidence of the Petitioner’s success and recognition.
Business Plan:
Not applicable.
Advisory Letter:
Advisory letters were submitted but did not provide substantial evidence of the Petitioner’s impact in her field.
Any Other Supporting Documentation:
The Petitioner provided additional documentation, including articles and research presentations, but they did not establish a significant record of success or recognition in liver transplantation research.
Conclusion
The appeal was dismissed because the Petitioner did not establish that the previous decision was based on an incorrect application of law or policy. While the Petitioner’s proposed endeavor is of substantial merit and national importance, she did not demonstrate that she is well-positioned to advance her endeavor or that her contributions outweigh the national interest in protecting the domestic labor supply.
