Date of Decision: February 08, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Pharmaceuticals
Petitioner Information
Profession: Pharmaceutical Professional
Field: Pharmaceuticals
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Official Academic Record: Petitioner holds degrees in pharmacy, supported by official academic records and translations.
- Professional License: Petitioner provided a valid professional license as a pharmacist in Brazil.
Criteria Not Met:
- Membership in Professional Associations: Petitioner failed to prove membership in a qualifying professional association. The evidence did not meet regulatory definitions or translation requirements.
Key Points from the Decision
Proposed Endeavor:
- The petitioner aimed to work in the U.S. as an infection prevention and control specialist within the pharmaceutical field.
Substantial Merit and National Importance:
- While the field of pharmacy is acknowledged as important, the petitioner did not specifically establish how her endeavor would impact national health or policy significantly. The general importance of her industry was insufficient to meet the national importance criterion.
Supporting Evidence:
- Academic credentials and a professional license were provided. However, the petitioner’s documentation was deemed inadequate in demonstrating her membership in professional associations crucial for her classification.
Inconsistencies in Proposed Endeavor:
- The petitioner’s description of her professional endeavor lacked specificity regarding her actual role and impact, making it difficult to assess its national importance.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: Not provided
Conclusion
Final Determination: The appeal is dismissed based on the insufficiency of evidence to meet the EB-2 NIW criteria, particularly concerning the petitioner’s membership in professional associations and the specific impact of her proposed endeavor in the U.S.
Reasoning: The lack of specific documentation about the petitioner’s professional role and its national impact led to the denial of the national interest waiver.
