Date of Decision: APR. 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:
Advanced Degree: The Petitioner has been recognized for holding an advanced degree in Pharmacy.
Exceptional Ability: The Petitioner demonstrated exceptional ability in the field of Pharmacy.
Criteria Not Met:
National Interest Waiver: The initial decision did not establish that waiving the labor certification requirement would be in the national interest.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to continue their work as a pharmacist, contributing to healthcare and pharmaceutical advancements.
Substantial Merit and National Importance:
The Petitioner’s work in the pharmaceutical field has substantial merit and national importance due to its impact on public health and medicine.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The initial decision failed to adequately address the national interest waiver, resulting in a denial.
Key quotes or references:
“The Director bears the responsibility of ensuring that the record is complete and contains all evidence that has been submitted by a petitioner or considered by U.S. Citizenship and Immigration Services in reaching its decision.”
Supporting Evidence:
The Petitioner provided a detailed response to the RFE, including an appeal brief which addresses eligibility as of the filing date.
Key quotes or references:
“The Director should issue a new decision based on a review of the complete record, including the brief submitted on appeal.”
Inconsistencies in Proposed Endeavor:
No specific inconsistencies were noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
The Petitioner included letters of intent from potential employers in the pharmaceutical industry.
Advisory Letter:
An advisory letter supporting the Petitioner’s qualifications and contributions to the field was included.
Conclusion
Final Determination: The appeal was remanded for further consideration due to an incomplete record.
Reasoning: The Director must review the complete record, including the Petitioner’s response to the RFE and the appeal brief, before issuing a new decision.
