Date of Decision: February 8, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Molecular Bioscience
Petitioner Information
Profession: Senior Researcher
Field: Molecular Bioscience
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Proposed Endeavor: The Petitioner proposed to advance research in genome editing using CRISPR technology, aiming to cure genetic diseases and improve crop production.
- Substantial Merit and National Importance: Demonstrated through the innovative use of CRISPR in potentially transformative applications for health and agriculture.
Criteria Not Met:
- Positioning to Advance Endeavor: The initial decision argued that the Petitioner’s research was not shown to be influential or progressive in the field, lacking a persuasive demonstration of her ability to successfully advance the endeavor.
- Benefit to the United States: The decision incorrectly concluded that there was insufficient evidence to demonstrate the national benefit of waiving the job offer and labor certification requirements, despite the Petitioner’s significant contributions to her field.
Key Points from the Decision
Proposed Endeavor:
The Petitioner aims to continue developing novel techniques for genome editing tools, which have significant implications for medical and agricultural advancements.
Substantial Merit and National Importance:
Her work is recognized as cutting-edge in the scientific community, addressing critical issues like genetic diseases and crop sustainability.
Supporting Evidence:
Includes educational and professional qualifications, peer-reviewed publications, citations, recommendation and support letters, and expert opinions.
Inconsistencies in Proposed Endeavor:
The initial review failed to fully recognize the impact and progressive nature of her research, underestimating her positioning in the field.
Supporting Documentation
Letters of Intent:
Not specified in the decision.
Business Plan:
Not applicable.
Advisory Letter:
Several advisory opinions affirm the Petitioner’s critical role and the urgent national interest in her research.
Other Supporting Documentation:
Includes a grant of over $1.8 million from the U.S. National Institutes of Health for her project.
Conclusion
Final Determination:
The appeal resulted in a remand for further consideration, acknowledging overlooked evidence and factors relevant to the national interest waiver. The decision highlights the need for a detailed assessment of the Petitioner’s contributions and the national benefits of her work.
