Date of Decision: March 17, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Juvenile Justice System Research
Petitioner Information
Profession: Research Analyst
Field: Juvenile Justice System Research
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petitioner did not meet the criteria necessary for a national interest waiver.
Criteria Not Met:
Substantial Merit and National Importance: The petitioner’s work did not demonstrate a prospective impact of national importance.
Well Positioned to Advance the Proposed Endeavor: The petitioner’s qualifications and supporting evidence did not sufficiently establish his ability to advance his proposed endeavor at a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner, a research analyst, proposed to conduct research on juvenile detention and the juvenile justice system, focusing on factors such as recidivism, assaults in juvenile facilities, and developing classification tools for juveniles. He intended to apply his research findings to improve the juvenile justice system within and potentially beyond his state.
Substantial Merit and National Importance:
The petitioner failed to provide sufficient evidence to establish the national importance of his proposed research. The supporting letters primarily emphasized the benefits to the local department and the state but did not demonstrate broader national implications.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner’s proposed endeavor did not exhibit substantial positive economic effects or significant potential to employ U.S. workers. The broader implications of his work did not rise to the level of national importance.
Supporting Evidence:
The petitioner provided letters from colleagues and reports indicating his work’s value within his state. However, these documents lacked evidence of the prospective national impact required for a national interest waiver.
Inconsistencies in Proposed Endeavor:
The petitioner’s proposed research, while valuable locally, did not show clear evidence of its application on a national scale, leading to a conclusion that the proposed endeavor lacked sufficient national importance.
Supporting Documentation
Letters of Intent:
Letters from the petitioner’s colleagues highlighted his analytical work and its benefits to the local juvenile justice system but did not elaborate on the national significance.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not meet the necessary criteria for a national interest waiver due to the lack of evidence supporting the national importance of his proposed endeavor.
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