Date of Decision: November 15, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Psychological Science Research
Petitioner Information
Profession: Psychological Science Researcher
Field: Virtual Reality, Teaching and Learning
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Substantial merit and national importance of research in virtual reality and teaching and learning.
- Well-positioned to advance the proposed endeavor through past research success and academic qualifications.
Criteria Not Met:
- None
- None
Key Points from the Decision
Proposed Endeavor:
The petitioner intends to continue conducting research in virtual reality and teaching and learning. He plans to pursue two lines of research: further testing findings on language processing and exploring how virtual reality systems can advance training and testing in various settings.
Substantial Merit and National Importance:
The petitioner presented letters of support and evidence that his research contributes to understanding cognitive processes and developing reading comprehension assessments. His work has broader implications and benefits for U.S. national security and education interests.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner’s track record, expertise, and contributions to the field of psychological science and virtual reality research demonstrate that waiving the job offer and labor certification requirements would benefit the United States, even if other qualified U.S. workers are available.
Supporting Evidence:
The petitioner provided a curriculum vitae, academic records, published work, peer review activity, citation evidence, and reference letters. These documents highlighted his expertise, research contributions, and the significance of his work.
Inconsistencies in Proposed Endeavor:
None noted.
Supporting Documentation
Letters of Intent:
Support letters discuss the petitioner’s contributions to cognitive science and reading comprehension.
Advisory Letter:
Reference letters from experts in the field highlighting the petitioner’s research impact and success.
Any Other Supporting Documentation:
Publication and citation evidence showcasing the petitioner’s influence in his research areas.
Conclusion
Final Determination: The appeal was approved. The petitioner demonstrated eligibility for a national interest waiver based on his research’s substantial merit, national importance, and his well-positioned ability to advance the proposed endeavor.
Reasoning: The petitioner’s work in psychological science, particularly in virtual reality and teaching and learning, was found to have significant benefits for U.S. education and national interests. His academic qualifications, research success, and potential contributions justified waiving the job offer and labor certification requirements.
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