Date of Decision: September 13, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Oriental Medicine
Petitioner Information
Profession: Oriental Medicine Practitioner
Field: Oriental Medicine
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree: The petitioner holds a foreign equivalent of a U.S. baccalaureate degree in medical science.
Criteria Not Met:
- Eligibility for Advanced Degree Classification: The petitioner did not establish at least five years of progressive post-baccalaureate experience in the specialty.
- National Importance: The petitioner did not sufficiently demonstrate that his proposed endeavor has national importance.
- Well Positioned to Advance: The petitioner did not sufficiently demonstrate that he is well positioned to advance his proposed endeavor.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to practice oriental medicine and to work as a head researcher at his self-owned clinic in South Korea, focusing on treating various medical conditions through oriental medicine practices.
Substantial Merit and National Importance:
While the petitioner’s work in oriental medicine has substantial merit, the evidence did not sufficiently demonstrate the national importance of his specific proposed endeavor. The petitioner did not provide detailed information about how his work in oriental medicine would have a significant national impact. The general importance of oriental medicine does not establish the national importance of one individual’s work.
Well Positioned to Advance the Proposed Endeavor:
The petitioner provided documentation of his academic credentials, professional experience, and letters of support. However, the evidence was insufficient to demonstrate that he is well positioned to advance his proposed endeavor. The petitioner did not provide specific information about the location and operation of his clinic, nor did he provide sufficient evidence of his self-employment as a head researcher. The petitioner’s documentation contained inconsistencies regarding the clinic’s location, and the tax certificates provided did not clearly indicate the source of his income.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide adequate justification for waiving the labor certification process. The evidence was insufficient to prove the national interest in the petitioner’s contributions.
Supporting Evidence:
The petitioner submitted various documentation, including descriptions of his professional experience, academic credentials, and letters of support. However, these were not sufficient to demonstrate the national importance of his proposed endeavor or that he is well positioned to advance it.
Inconsistencies in Proposed Endeavor:
The petitioner’s evidence did not sufficiently demonstrate the potential broader impact of his proposed endeavor. The Director’s analysis did not fully address the evidentiary deficiencies and the lack of a comprehensive evaluation of the proposed endeavor’s national importance.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Not provided or summarized in the decision
Advisory Letter: Provided but not sufficiently detailed to support the claim of national importance
Other Supporting Documentation: Included descriptions of professional experience, academic credentials, and letters of support, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that his proposed endeavor has national importance or that it would be beneficial to waive the labor certification process. The petitioner did not demonstrate eligibility for or merit a national interest waiver as a matter of discretion.
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