Date of Decision: October 14, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Synthetic Organic Chemistry
Petitioner Information
Profession: Researcher
Field: Synthetic Organic Chemistry
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The petitioner demonstrated substantial contributions in the field of synthetic organic chemistry, notably in developing methods for synthesizing compounds used in various industries such as nanotechnology, pharmaceuticals, and biomedicine.
Criterion 2: The petitioner provided evidence of significant academic influence, including numerous citations of his work and independent letters attesting to the impact of his research.
Criteria Not Met:
Criterion 1: Initially, the petitioner did not provide sufficient evidence to show that his pattern of publication and citation was unusual in the field.
Criterion 2: The director initially found that the petitioner did not demonstrate a record of specific prior achievement with significant influence on the field as a whole.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his research in synthesizing and improving compounds that inhibit NADPH oxidase and myeloperoxidase, enzymes linked to diseases such as cystic fibrosis and Parkinson’s. His work aims to advance treatments in these areas.
Substantial Merit and National Importance:
The petitioner’s research was found to have substantial merit and national importance, particularly in the biomedical field. His work on NOX and MPO inhibitors was recognized for its potential to impact treatment strategies for serious diseases.
Key quotes:
“My group at the CDC is very interested in the new inhibitors derived from his study, and we have plans to use the inhibitors for experiments to treat animal models with diseases such as Parkinson’s.”
Supporting Evidence:
The petitioner submitted evidence of eight scholarly articles, significant citation records, and letters from independent researchers. Additional evidence included invitations to serve as a peer reviewer for academic journals and updates on the petitioner’s citation records.
Key quotes:
“[The Petitioner] has been at the forefront of the design and synthesis of NOX and MPO inhibitors to alter the negative impacts of NOX and MPO to target these diseases at a molecular level.”
Inconsistencies in Proposed Endeavor:
No significant inconsistencies were noted in the proposed endeavor, as the petitioner provided comprehensive evidence supporting the national interest of his continued research.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not applicable.
Advisory Letter:
Advisory letters from notable professionals, including a senior scientist at the CDC and professors from reputable institutions, highlighted the significance of the petitioner’s work and its potential future impact.
Summary and key points:
“[The Petitioner’s] synthesis permits pharmaceutical scientists to sufficiently prepare enough huperzine A to unlock the neuroprotective features of this exciting compound.”
Any other supporting documentation:
The petitioner provided documentation on citation rates in the field of chemistry, evidence of additional publications, and records of invitations to review for academic journals.
Conclusion
Final Determination: The appeal was sustained, and the petitioner’s request for a national interest waiver was approved.
Reasoning: The petitioner demonstrated a significant impact on the field of synthetic organic chemistry, with evidence of past achievements and a strong potential for future contributions that benefit the national interest. The evidence showed that the benefits of the petitioner’s work outweighed the need for a labor certification process.