Date of Decision: June 22, 2017
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: Internal Medicine
Nationality: Not Specified
Summary of Decision
Initial Decision: Revoked
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner initially provided a full-time employment contract as required for physicians seeking a national interest waiver.
The Petitioner demonstrated an intention to work in an underserved area, fulfilling part of the requirements for the national interest waiver.
Criteria Not Met:
The employment contract provided was dated and issued more than six months prior to the filing of the petition and was not valid for the required five-year period.
The Petitioner did not establish an employer-employee relationship with the employer as required by the regulations.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intended to work full-time as an internal medicine physician in a medically underserved area through an employment arrangement with the company.
Substantial Merit and National Importance:
The petition highlighted the importance of providing medical services in underserved areas, which is considered to have substantial merit and national importance.
Supporting Evidence:
The Petitioner provided an employment contract and a statement of qualifications. However, the employment contract was not compliant with the timing and validity requirements.
The record lacked sufficient documentation to establish the Petitioner’s employment status and the employer’s control over his work.
Inconsistencies in Proposed Endeavor:
The Petitioner’s employment agreement was signed by an unauthorized signatory, and there was no evidence to support the claim that the signatory was authorized to act on behalf of the company.
The Petitioner did not demonstrate that he was an “employee” of the company as required by the regulations.
Supporting Documentation
Letters of Intent: None provided.
Business Plan: Not applicable.
Advisory Letter: Not applicable.
Other Supporting Documentation: The Petitioner provided articles of organization and an undated addendum, but these did not support the claim of an authorized signatory or establish an employer-employee relationship.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the initial filing requirements, either as an employee or as a self-employed worker. The employment contract was outdated and did not cover the required period. The Petitioner also did not provide sufficient evidence to establish that he was employed by the company as claimed.
