Date of Decision: January 17, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Pathology and Cellular Biology
Petitioner Information
Profession: Physician Researcher
Field: Pathology and Cellular Biology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree: The Petitioner demonstrated that he holds a Ph.D. in Biochemistry, qualifying as a member of the professions holding an advanced degree.
National Importance: The Petitioner’s research in hematological malignancies, including acute myeloid leukemia, has substantial merit and national importance, addressing critical healthcare challenges and contributing to cancer research.
Criteria Not Met:
None. The Petitioner met all the criteria upon appeal.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to advance research in the molecular genetic basis of hematological malignancies, focusing on understanding and targeting pathways and genetic changes to guide personalized therapeutic strategies. His immediate research involves studying autophagy in platelets and the role of the bone marrow microenvironment in treatment-resistant acute myeloid leukemia.
Substantial Merit and National Importance:
The Petitioner’s research has substantial merit and national importance, as it addresses critical issues in cancer research and treatment. Letters of support from notable experts highlight the potential impact of his work on advancing hematological cancer research in the United States. For instance, a letter from a Cancer Research expert states that the Petitioner’s work extends the fundamental understanding of carcinogenesis mechanisms and potential cancer therapies. Another expert notes that the research carries significant implications for developing new approaches to addressing the national and international cancer epidemic.
Supporting Evidence:
Initial Submission: Included the Form I-140 petition, educational credentials, and letters of support.
Further Submission on Appeal: Provided additional letters of support, a detailed research proposal, and documentation of the Petitioner’s published and cited work.
Inconsistencies in Proposed Endeavor:
There were no inconsistencies noted in the proposed endeavor. The initial denial was based on the Director’s assessment that the Petitioner’s prospective fellowships involved further medical training rather than substantial research contributions. However, the appeal provided sufficient evidence to counter this assessment.
Supporting Documentation
Letters of Intent:
Not applicable in this case.
Business Plan:
Not applicable in this case.
Advisory Letter:
Included letters from experts in cancer research supporting the national importance of the Petitioner’s work.
Any other supporting documentation:
Research Proposal: Detailed proposal on integrated autophagy regulation and autophagy-based therapeutics design.
Published Work and Citations: Documentation of numerous articles published and cited extensively in the field of cancer research.
Conclusion
Final Determination: The appeal was sustained.
Reasoning:
The Petitioner met the requisite three prongs set forth in the Dhanasar analytical framework. The substantial merit and national importance of his research in hematological malignancies were clearly demonstrated. The Petitioner’s qualifications, track record of successful research, and potential contributions to U.S. healthcare interests positioned him well to advance his proposed endeavor. On balance, it was determined that waiving the job offer requirement would be beneficial to the United States. Consequently, the initial decision to deny the petition was overturned, and the appeal was approved.
