Date of Decision: September 28, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Entomology
Petitioner Information
Profession: Post-Doctoral Research Associate
Field: Entomology
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 the proposed endeavor had substantial merit and national importance. The research in understanding how certain insects transmit diseases to plants and developing pest management strategies was acknowledged to have significant implications for crop protection and biosecurity.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show they were well-positioned to advance the proposed endeavor. Although documentation of academic credentials, published articles, and letters of support were submitted, these did not convincingly demonstrate the capacity to significantly influence the field of entomology.
- 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 the national interest in their contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue research in entomology, focusing on studying the mechanisms through which certain invasive insects transmit diseases to plants. The goal was to contribute to pest management programs and improve crop protection strategies.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit and national importance due to its potential to address critical issues in crop protection and biosecurity. The research could improve plant resistance and reduce the need for environmentally harmful pesticides.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that their work would contribute to the United States by enhancing the body of knowledge in entomology and pest management. However, they did not provide sufficient evidence to support the claim that their contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted their curriculum vitae, academic credentials, published articles, and letters of support. However, these documents did not adequately demonstrate their ability to significantly impact their field. The letters from colleagues and professionals praised the work but did not provide concrete examples of the research being implemented or having a substantial influence.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about their influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that their work had been widely adopted or recognized in the field of entomology.
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 the work but did not adequately demonstrate a significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that they are well-positioned to advance their proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support claims of substantial impact and national importance.
Download the Full Petition Review Here
