Date of Decision: March 29, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Research Science
Petitioner Information
Profession: Research Scientist
Field: Research Science
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Substantial Merit and National Importance: The Petitioner did not demonstrate how his proposed endeavor would have 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.
National Interest: The Petitioner did not establish that a waiver of the required job offer and labor certification would be in the national interest.
Key Points from the Decision
Proposed Endeavor
The Petitioner, a research scientist, proposed to advance his career in the field of research science in the United States, focusing on innovative scientific research and development.
Substantial Merit and National Importance:
While the endeavor has potential merit, the evidence did not demonstrate substantial national importance. The documentation provided did not sufficiently show how the Petitioner’s work would have a broad impact on the industry or the U.S. economy at a national level.
Supporting Evidence:
The Petitioner submitted a professional plan, recommendation letters, and other supporting documents. However, these documents were deemed insufficient to establish the national importance of his proposed endeavor.
Inconsistencies in Proposed Endeavor
The Director noted that the Petitioner had not sufficiently demonstrated how his proposed endeavor would extend beyond his immediate employment to impact the field of research science more broadly. The Petitioner’s general assertions were not supported by specific and detailed evidence.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
The advisory letters did not adequately demonstrate the national importance of the Petitioner’s proposed endeavor.
Any other supporting documentation:
Additional documents included general statements about the importance of research science but lacked detailed evidence of national importance.
Conclusion
Final Determination: The motion to reconsider was dismissed due to the Petitioner not meeting the criteria for substantial merit and national importance, and not 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.
