Date of Decision: October 17, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Investment Banking/Biotechnology
Petitioner Information
Profession: Respiratory Drug Delivery Consultant/PHRM Investment Banker
Field: Investment Banking/Biotechnology
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Ability to Pay: The Petitioner demonstrated the ability to pay the proffered wage of $200,000 based on their audited balance sheet showing assets significantly above the required amount.
Field of Knowledge: The Director’s interpretation of “sciences or arts” was found to be overly narrow. The Beneficiary’s financial analyses informed by her knowledge in pharmaceutics fall within a field of knowledge commonly taught at universities.
Criteria Not Met:
Necessary Experience: The Petitioner did not establish that the Beneficiary had nine years of experience in the job offered, as required by the ETA Form 9089.
Widespread Acclaim and International Recognition: The evidence did not establish that the Beneficiary enjoyed the necessary widespread acclaim and international recognition in her field.
Key Points from the Decision
Proposed Endeavor:
The Beneficiary was proposed to work as a Respiratory Drug Delivery Consultant/Pharmaceutical Investment Banker, focusing on financial analyses informed by her knowledge in pharmaceutics.
Substantial Merit and National Importance:
The decision did not elaborate on the substantial merit and national importance of the proposed endeavor due to the denial of the appeal.
Supporting Evidence:
The Petitioner submitted an audited balance sheet showing assets of $9,400,867, including $6,059,930 in cash. Despite the Director’s initial error in evaluating the financial statements, the Petitioner demonstrated the ability to pay the proffered wage.
Evidence of the Beneficiary’s qualifications included her Ph.D. in pharmaceutics, her work as a senior financial analyst/biotechnology, and her prior experience as a senior scientist/inventor.
Inconsistencies in Proposed Endeavor:
No significant inconsistencies were noted in the proposed endeavor. The primary issue was the lack of required experience and widespread acclaim.
Supporting Documentation
Letters of Intent:
[Not Provided]
Business Plan:
[Not Provided]
Advisory Letter:
[Not Provided]
Any Other Supporting Documentation:
The Petitioner submitted documentation related to the Beneficiary’s qualifications and financial ability to pay the proffered wage but did not provide sufficient evidence of the required experience or widespread acclaim.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner failed to demonstrate that the Beneficiary had the necessary nine years of experience in the job offered and did not establish that she enjoyed the requisite widespread acclaim and international recognition.
Download the Full Petition Review Here
In Re: 583535
Document Name: OCT172017_01B5203
