Date of Decision: March 5, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Environmental Sciences and Geology
Petitioner Information
Profession: Postdoctoral Researcher
Field: Environmental Sciences and Geology
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet the criteria required to demonstrate eligibility for a national interest waiver.
Criteria Not Met:
- Substantial Merit and National Importance: The petitioner did not provide a detailed description of the proposed endeavor or sufficient evidence to demonstrate its substantial merit and national importance. While the petitioner’s field of research is important, the specific proposed activities were not clearly identified.
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not sufficiently demonstrate that he is well-positioned to advance his proposed endeavor. Although he submitted documentation of his academic credentials and past research, he did not provide a clear plan or evidence of support for his future activities.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner did not provide sufficient evidence to show that waiving the labor certification requirement would be beneficial to the United States. The potential impact of his work on the U.S. economy or job market was not clearly demonstrated.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to conduct research in the fields of geology, environmental science, climate research, and oceanography. However, the specific details of the proposed research activities were not clearly outlined.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was not sufficiently detailed to determine its substantial merit and national importance. While his field of research is critical, the petitioner did not provide enough information about the specific impact of his proposed work.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner failed to demonstrate that his contributions would justify waiving the labor certification process. The evidence provided did not sufficiently demonstrate the national interest in his contributions.
Supporting Evidence:
The petitioner submitted his curriculum vitae, academic credentials, published articles, and letters of support. However, these documents did not adequately demonstrate his ability to significantly impact his field or provide sufficient detail about his proposed future activities.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized in the field of environmental sciences and geology.
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 but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that his proposed endeavor has substantial merit and national importance, nor did he provide sufficient evidence to show that waiving the labor certification requirement would be beneficial to the United States.
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