Date of Decision: September 20, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Research Data Analysis
Petitioner Information
Profession: Research Data Analyst
Field: Genetics and Autoimmune Disease Research
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Judging: The Petitioner served as a judge of the work of others in the field.
- Authorship of Scholarly Articles: The Petitioner authored several articles in professional publications.
Criteria Not Met:
- Original Contributions of Major Significance: The Petitioner’s publications and citation history were not deemed to demonstrate original contributions of major significance in the field of genetics.
Key Points from the Decision
Proposed Endeavor:
The Petitioner’s work involved autoimmune disease research, including planning, designing, and conducting quality controls on experimental data collections, analyzing and interpreting genetic research data, preparing primary results for grant applications, and authoring manuscripts for publication.
Substantial Merit and National Importance:
The petitioner’s research in autoimmune diseases and genetic data analysis was recognized, but the evidence provided did not demonstrate that the contributions were of major significance to the field.
On Balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The evidence presented did not sufficiently establish that waiving the Labor Certification process would benefit the United States, given that the Petitioner’s contributions were not considered of major significance.
Supporting Evidence
- Judging and Authorship: The Petitioner provided evidence of his role in reviewing manuscripts and his authorship of articles in professional journals. However, the impact and significance of these works were not sufficiently demonstrated to meet the extraordinary ability criteria.
- Original Contributions: Letters from peers and citation data were provided to support the claim of original contributions. However, these were found insufficient to establish that the contributions were of major significance.
Conclusion
The appeal was dismissed. The Petitioner did not demonstrate that his contributions in the field of genetics and autoimmune disease research were of major significance, nor did he meet the necessary criteria for classification as an individual of extraordinary ability.
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