Date of Decision: August 22, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Public Health Research
Petitioner Information
Profession: Public Health Researcher
Field: Public Health and Oncology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance: The Petitioner’s work in comparative effectiveness cancer research and the development of treatments for adverse events in cancer patients demonstrates substantial merit and national importance.
Well Positioned to Advance the Proposed Endeavor: The Petitioner’s education, skills, and record of success in public health research position him well to advance his proposed work.
Beneficial to the United States: The Petitioner’s contributions to public health research, particularly in cancer treatment, are of such value that they benefit the United States even assuming other qualified U.S. workers are available.
Criteria Not Met:
Not applicable as all criteria were met.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a public health researcher, intends to continue research in comparative effectiveness cancer research with a focus on developing and treating adverse events in cancer patients. This research aims to improve the quality of life and long-term survival of cancer patients.
Substantial Merit and National Importance:
The Petitioner’s research involves designing systematic reviews of patient samples to draw meaningful conclusions from large data sets. His current work focuses on checkpoint inhibitor immunotherapy, an emerging anti-cancer strategy that improves the immune system’s ability to recognize and target cancer cells. Letters of support highlight the importance of the Petitioner’s work in advancing the safety and efficacy of new cancer treatments, emphasizing its substantial merit and national importance.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner’s extensive experience and expertise in public health research, his successful track record, and the significant benefits of his proposed work to advance U.S. healthcare interests support the waiver of the Labor Certification process. His contributions to cancer research are of such value that they benefit the United States, even assuming other qualified U.S. workers are available.
Supporting Evidence:
The Petitioner provided a curriculum vitae, academic records, published works, and citation evidence demonstrating the impact of his research. Letters of reference from experts in the field highlighted specific contributions and the significance of his work. Documentation of his research being cited frequently by independent researchers further supports his well-positioned status to advance his proposed endeavor.
Inconsistencies in Proposed Endeavor:
There were no significant inconsistencies noted in the proposed endeavor.
Supporting Documentation
Letters of Intent:
The Petitioner provided letters from senior researchers and experts in the field of public health, supporting the substantial merit and national importance of his work.
Business Plan:
No specific business plan was summarized in the decision.
Advisory Letter:
No specific advisory letters were summarized in the decision.
Any Other Supporting Documentation:
The Petitioner submitted citation evidence and documentation of his published work being frequently cited by independent researchers.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The Petitioner met the three prongs of the Dhanasar framework, establishing that his work has substantial merit and national importance, that he is well positioned to advance his proposed endeavor, and that waiving the Labor Certification process would benefit the United States.
