Date of Decision: October 19, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Medical Science Research
Petitioner Information
Profession: Research Scientist
Field: Medical Science Research
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance
Description: The petitioner’s research in developing complex cellular models for the discovery and development of new treatment options for medical disorders has substantial merit and national importance. The research addresses significant public health concerns and has broader implications for the scientific community.
Well Positioned to Advance the Proposed Endeavor
Description: The petitioner’s academic credentials, including a Ph.D. in Medical Science, published articles, citation record, and peer review activities demonstrate her expertise and track record of success in her field. Her contributions have been recognized by independent researchers and experts, positioning her well to advance her proposed research endeavors.
Criteria Not Met:
N/A
N/A
Key Points from the Decision
Proposed Endeavor:
The petitioner plans to continue her research on the underlying mechanisms of medical disorders to develop novel therapeutic strategies. This includes developing a multi-plate model replicating a functional network using derived human cells, designing and fabricating biomedical assays and tools, and initiating collaborations with commercial entities.
Substantial Merit and National Importance:
The petitioner’s research has been demonstrated to have substantial merit and national importance through letters of support, documentation of the public health impact of the research, and the dissemination of results through scientific journals and conferences. The work aims to provide significant advancements in medical treatment options and has potential widespread benefits.
Supporting Evidence:
The petitioner provided extensive evidence, including letters of intent, advisory letters, a detailed business plan, and documentation of her research’s impact on the scientific community. Key references and quotes from experts highlight the importance and recognition of her work.
Inconsistencies in Proposed Endeavor:
No significant inconsistencies were noted in the petitioner’s proposed endeavor.
Supporting Documentation
Letters of Intent: Provided detailed support for the petitioner’s research and its potential impact.
Business Plan: Outlined the strategic approach to advancing the research and collaborating with commercial entities.
Advisory Letter: Highlighted the petitioner’s expertise and contributions to the field.
Any other supporting documentation: Included published articles, citation records, and peer review activities demonstrating the petitioner’s impact and recognition in the scientific community.
Conclusion
Final Determination: Approved
Reasoning:
The petitioner met all three prongs of the Dhanasar framework. The substantial merit and national importance of her research, her well-established position to advance the proposed endeavor, and the overall benefit to the United States of waiving the job offer and labor certification requirements justified the approval of the national interest waiver.
