Date of Decision: June 6, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Medicine
Petitioner Information
Profession: Physician
Field: Geriatrics and General Practice
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: The petitioner was recognized as holding an advanced degree, qualifying her under the EB-2 visa classification.
Criteria Not Met:
National Interest Waiver: The petitioner failed to demonstrate that her proposed endeavor had substantial merit and national importance, as required for a national interest waiver.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a trained physician specializing in geriatrics, intended to continue her practice in the United States, focusing on elderly care and possibly managing her own medical clinic.
Substantial Merit and National Importance:
While the field of geriatrics itself holds substantial merit due to the aging U.S. population, the petitioner failed to convincingly demonstrate how her specific activities would impact the field nationally. The proposed benefits of her work, such as lecturing and connecting with underserved communities, were not substantiated with detailed plans or evidence of national impact.
Supporting Evidence:
Educational Credentials: Included a medical degree equivalent to a U.S. Doctor of Medicine.
Letters of Intent and Business Plans: Indicated potential engagements but were not sufficient to establish a clear pathway for significant national influence.
Inconsistencies in Proposed Endeavor:
Initially, the petitioner aimed to practice as a geriatrician but later expanded her plan to include managing a medical clinic. This shift was seen as a material change, complicating the assessment of her original intent and the feasibility of her claims.
Supporting Documentation
Business Plan:
Provided a general outline for establishing a medical clinic but lacked specific, measurable goals that would underscore its potential national significance.
Letters of Intent:
Indicated interest from medical facilities but were vague on the specifics of her role and the extent of her responsibilities.
Advisory Letters:
Supported her qualifications as a physician but did not substantiate the national importance of her proposed work.
Conclusion
The appeal was dismissed due to the petitioner’s failure to clearly demonstrate how her proposed endeavor as a geriatrician would meet the stringent requirements for a national interest waiver. The lack of detailed planning and evidence of broader societal impact were key factors in the decision. The addition of business management aspects was also deemed a material change, which undermined the original petition.
