Date of Decision: June 30, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Medicine
Petitioner Information
Profession: Physician
Field: Medicine
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The Petitioner demonstrated that his proposed endeavor had substantial merit and national importance. His background as a physician with plans to advance medical research was acknowledged.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The Petitioner did not provide sufficient evidence to show he was well-positioned to advance his proposed endeavor. Despite his experience as a physician, he lacked specific experience and specialized training in medical research.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The Petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate his capacity to perform as a medical researcher.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed to advance his career as a medical scientist by conducting research and engaging in clinical investigations to better understand and treat diseases, improving overall human health.
Substantial Merit and National Importance:
The Petitioner’s proposed endeavor in medical research was recognized for its substantial merit and national importance due to its potential to improve public health and medicine. However, his lack of prior research experience undermined this merit.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner argued that his work as a medical scientist would contribute to the United States by enhancing medical research and public health. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The Petitioner submitted his professional plan and statement, along with letters of support attesting to his skills as a physician. However, these documents did not adequately demonstrate his ability to significantly impact the field of medical research. The letters praised his medical practice but did not provide evidence of his research capabilities.
Inconsistencies in Proposed Endeavor:
The Petitioner’s initial filing focused on medical research, while his later submission suggested a shift towards practicing medicine. This inconsistency weakened his case, as the proposed endeavor should be consistent and well-supported from the outset.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised his work as a physician but did not adequately demonstrate his significant impact in medical research.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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