Date of Decision: January 11, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Colorectal Cancer Research
Petitioner Information
Profession: Postdoctoral Research Fellow
Field: Genetic and Phenotypical Factors in Hereditary Colorectal Cancer
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit: The petitioner’s research in colorectal cancer screening and development of novel biomarkers is recognized for its substantial merit, supported by publications and relevant statistics.
- Well-Positioned to Advance Proposed Endeavor: The record contains conflicting conclusions; however, evidence suggests the petitioner is well-positioned due to her expertise and previous contributions.
Criteria Not Met:
- National Importance: The Director initially concluded the proposed endeavor lacks national importance without adequate explanation or analysis, leading to confusion and the need for a remand.
Key Points from the Decision
Proposed Endeavor:
The petitioner aims to continue her research on hereditary colorectal cancer, focusing on improving screening methods and developing novel biomarkers.
Substantial Merit and National Importance:
While the substantial merit is acknowledged, the appeal highlights the Director’s inadequate analysis regarding the national importance of the petitioner’s research, necessitating further detailed examination on remand.
Supporting Evidence:
Evidence includes several publications and statistics on colorectal cancer, showcasing the petitioner’s deep engagement with her field.
Inconsistencies in Proposed Endeavor:
The Director’s decision conflates various aspects of the Dhanasar framework, leading to confusion about the actual impact and significance of the petitioner’s endeavor on a national scale.
Supporting Documentation
Advisory Letter:
Mentions an expert opinion letter but does not detail its contents adequately, suggesting an incomplete assessment by the Director.
Conclusion
Final Determination:
The case is remanded for a comprehensive reevaluation of the petitioner’s eligibility and the national interest waiver’s merits, with instructions for a clearer and more thorough analysis.
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