Date of Decision: April 18, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Pharmacy
Petitioner Information
Profession: Pharmacist
Field: Pharmacy
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
[Criterion 1]: The Petitioner qualifies for classification as a member of the professions holding an advanced degree.
[Criterion 2]: N/A (Specific details not provided in the document).
Criteria Not Met:
[Criterion 1]: The Petitioner has not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
[Criterion 2]: N/A (Specific details not provided in the document).
Key Points from the Decision
Proposed Endeavor:
The Petitioner’s proposed endeavor involves the practice and advancement of pharmacy, which is an essential field.
Substantial Merit and National Importance:
The decision did not provide sufficient details on the substantial merit and national importance of the Petitioner’s proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Director did not find sufficient evidence that waiving the labor certification would be beneficial to the United States.
Supporting Evidence:
The Petitioner submitted a brief on appeal which may be relevant to her eligibility as of the date of filing. However, the complete response to the Request for Evidence (RFE) was not incorporated into the record.
Inconsistencies in Proposed Endeavor:
There were no specific inconsistencies noted, but the incomplete record prevented a thorough review.
Supporting Documentation
Letters of Intent:
The details of the letters of intent were not provided in the document.
Business Plan:
The details of the business plan were not provided in the document.
Advisory Letter:
The details of the advisory letter were not provided in the document.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The incomplete record prevented the Administrative Appeals Office (AAO) from addressing the merits of the case. The Director must ensure the complete RFE response is included and reconsider the Petitioner’s eligibility based on a full review of the record.
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