Date of Decision: September 16, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Otolaryngology
Petitioner Information
Profession: Physician Researcher
Field: Otolaryngology, Thyroid Cancer, Endocrine-related Disorders
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Intrinsic Merit: The Petitioner’s work in otolaryngology, particularly in thyroid cancer and related endocrine disorders, has been acknowledged for its intrinsic merit and impact on medical practices.
- National Scope: The Petitioner’s research has been recognized on a national level, influencing clinical practices and contributing to advancements in the medical field.
Criteria Not Met:
- [Criterion 1 not met in the initial decision was not specified, but the denial was based on insufficient impact and influence on the field to meet the third prong of the NYSDOT national interest analysis.]
- [Criterion 2 not met in the initial decision was not specified.]
Key Points from the Decision
Proposed Endeavor:
The Petitioner’s proposed endeavor involves continuing his research on thyroid cancer, head and neck surgeries, and endocrine-related disorders. His work aims to improve surgical techniques and treatment strategies for these conditions.
Substantial Merit and National Importance:
The Petitioner’s research in thyroid cancer and endocrine-related disorders has substantial merit and national importance. His studies have been essential in enabling surgeons to select appropriate surgical techniques and in creating optimal treatment plans for various medical conditions. Key findings from his research are currently being utilized by practicing physicians, demonstrating significant national benefit.
Supporting Evidence:
- Publications: The Petitioner has authored two books and five journal articles, with additional manuscripts submitted for publication.
- Editorial Roles: He holds positions on the editorial boards of two medical journals and regularly serves as a peer-reviewer for other high-impact journals.
- Presentations: The Petitioner has presented his research at numerous prestigious medical conferences.
- Professional Associations: He is a member of several professional associations relevant to his field.
- Letters of Recommendation: Multiple letters from supervisors, colleagues, and independent professionals attest to the significance of his research and its current use in clinical practice.
Inconsistencies in Proposed Endeavor:
No significant inconsistencies were noted in the Petitioner’s proposed endeavor. The appeal focused on establishing the influence and impact of his past work to justify future national benefits.
Supporting Documentation
Letters of Intent:
- Key points from letters by prominent professionals highlighted the Petitioner’s essential contributions to surgical techniques and treatment strategies.
Business Plan:
- [Not applicable or not provided.]
Advisory Letters:
- Advisory letters confirmed the Petitioner’s research importance and its practical application in medical practices.
Other Supporting Documentation:
- Evidence of completed research fellowships, additional publications, and updated citation data were provided to support the Petitioner’s influence in the field.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved.
Reasoning: The evidence provided demonstrated that the Petitioner’s research has had a significant influence on the field of otolaryngology and will continue to benefit the national interest to a greater degree than an available U.S. worker with the same qualifications.
