Date of Decision: October 4, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Research and Academia
Petitioner Information
Profession: Professor and Researcher
Field: Advanced Degree in Sciences
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The Petitioner provided a detailed statement of her endeavor, demonstrating substantial merit and national importance. She included evidence of how her research has the potential to impact the U.S. economy and has broader implications within her field.
- Well Positioned to Advance the Proposed Endeavor: The Petitioner demonstrated her qualifications through her education, knowledge, and record of success in similar research. Independent accounts from professional and academic acquaintances supported her ability to carry out her proposed endeavor.
Criteria Not Met:
- N/A: No criteria were specifically mentioned as not met in the document.
Key Points from the Decision
Proposed Endeavor:
The Petitioner proposed future research initiatives with the potential to impact the U.S. economy and add to a body of knowledge with national and global implications.
Substantial Merit and National Importance:
The Petitioner’s research has substantial merit and national importance, as demonstrated by her detailed statement, citation history, and corroborating news articles and reports.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The evidence showed that the Petitioner’s professional qualifications and past success are sufficient to benefit the United States, warranting the waiver of the labor certification process.
Supporting Evidence:
The Petitioner provided detailed statements, citation history, news articles, and reports supporting her research’s broader implications within her field.
Supporting Documentation
Letters of Intent:
The Petitioner provided independent, well-written, and detailed accounts from professional and academic acquaintances, corroborating her qualifications and progress towards her proposed research initiatives.
Conclusion
Final Determination: The appeal was approved.
Reasoning: The Petitioner demonstrated substantial merit and national importance of her proposed endeavor, her positioning to advance it, and the benefits to the United States of waiving the labor certification process.
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