Date of Decision: December 5, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Public Health, Health Promotion, Disease Prevention
Petitioner Information
Profession: Public Health Researcher
Field: Public Health, Health Promotion, Disease Prevention
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Qualification: The petitioner qualifies as an advanced degree professional due to holding a Ph.D. in Public Health.
Criteria Not Met:
- Well Positioned to Advance the Proposed Endeavor: The petitioner failed to demonstrate that she is well positioned to advance her proposed endeavor in public health research. The Administrative Appeals Office (AAO) found that while the petitioner’s work in public health is significant, she did not provide sufficient evidence to show how her specific role would make her well-positioned to advance her research goals on a national scale. The evidence presented focused on the general importance of public health research but did not establish the petitioner’s specific contributions to these fields as having broader national implications.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue working in public health, with a focus on health promotion and disease prevention research, particularly in helping people with disabilities and conducting research on vesicovaginal fistula (VVF). While the petitioner’s research may have value, the AAO found that she did not provide sufficient evidence to demonstrate how these activities would extend beyond her immediate research projects to have a broader impact on the U.S. public health system on a national scale.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor in public health research has merit, but the decision concluded that it did not meet the threshold for national importance or demonstrate that the petitioner is well-positioned to advance her proposed work. The AAO emphasized that the petitioner needed to provide specific evidence demonstrating how her work would impact the U.S. public health system or economy on a national scale, which was not sufficiently established.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
Given that the petitioner did not meet the second prong of the Dhanasar framework, the AAO did not proceed to evaluate whether waiving the labor certification process would benefit the United States.
Supporting Evidence:
The petitioner provided a curriculum vitae, academic records, published work, letters of support, and other documentation. However, these were insufficient to establish that the petitioner is well-positioned to advance her proposed endeavor on a national scale. The evidence lacked specific details about how the petitioner’s work would impact the broader public health field or economy on a national level.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements regarding her proposed work lacked specificity, particularly concerning how her research would influence the public health field as a whole. This lack of detail weakened the overall credibility of the petition.
Supporting Documentation
Letters of Intent:
Not provided.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Included but focused primarily on the general significance of public health research rather than the petitioner’s specific contributions.
Any Other Supporting Documentation:
Included curriculum vitae, academic records, and letters of support, which were insufficient to meet the national importance requirement.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that her proposed work as a public health researcher would have a significant national impact. The evidence provided was insufficient to support claims of substantial merit and national importance, and the petitioner did not establish eligibility for the EB-2 classification.
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