Date of Decision: March 29, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Medical Science
Petitioner Information
Profession: Medical Scientist
Field: Medical Science
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Advanced Degree: The Petitioner did not provide sufficient evidence to demonstrate he holds an advanced degree equivalent to a U.S. degree. The translations of academic credentials were submitted without original certificates or transcripts.
Substantial Merit and National Importance: The Petitioner did not demonstrate how his proposed endeavor would have a substantial merit and national importance.
Well-Positioned to Advance the Proposed Endeavor: The Petitioner did not provide sufficient evidence to establish that he is well-positioned to advance his proposed endeavor.
Key Points from the Decision
Proposed Endeavor
The Petitioner, a medical scientist, proposed to create a beneficial medical environment for the health and welfare of local residents in the U.S. by leveraging his experience in medical associations in South Korea. He aimed to promote the exchange of medical technologies and resources between South Korea and the United States and encourage Korean companies to invest in the U.S. medical industry. Additionally, he planned to introduce U.S. medical technologies to Korea.
Substantial Merit and National Importance:
While the endeavor has potential merit, the evidence did not demonstrate substantial national importance. The Petitioner did not provide specific details on the research, techniques, or technologies he intended to bring to the U.S. or their potential impact. The Director concluded that the Petitioner did not identify a specific research area or explain how the proposed endeavor would benefit the U.S. economy or medical community on a national scale.
Supporting Evidence:
The Petitioner submitted recommendation letters, certificates of accuracy for translations, media articles, and certificates of election and appointment to various committees. However, these documents did not sufficiently establish the national importance of his proposed endeavor or his ability to advance it in the U.S.
Inconsistencies in Proposed Endeavor
The Petitioner claimed to influence various medical associations and institutions in South Korea but did not provide evidence of their interest in his proposed endeavor in the U.S. The documentation included expired certificates and lacked details on the partnerships and agreements with these associations.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
The business plan did not provide sufficient detail on the specific techniques, research, or technologies the Petitioner intended to offer in the U.S. or how he would fund and implement his proposed endeavor.
Advisory Letter:
The advisory letters did not adequately demonstrate the national importance of the Petitioner’s proposed endeavor or his role in significant medical research.
Any other supporting documentation:
Additional documents included general statements about the importance of medical science but lacked detailed evidence of national importance.
Conclusion
Final Determination: The appeal was dismissed due to the Petitioner not meeting the criteria for an advanced degree, substantial merit and national importance, and being well-positioned to advance his proposed endeavor.
Reasoning:
The Petitioner did not provide sufficient evidence to demonstrate that his proposed endeavor would have significant national or regional implications. The documentation focused more on local and individual benefits rather than a broader national impact.
