Date of Decision: August 31, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Medical Research and Surgery
Petitioner Information
Profession: Surgeon and Researcher
Field: Breast Cancer Research and Surgery
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
Substantial Merit and National Importance: The Petitioner’s proposed research in breast cancer treatment and genome analysis has substantial merit and national importance.
Well Positioned to Advance the Proposed Endeavor: The Petitioner has demonstrated significant expertise and a strong track record in breast cancer research and treatment, indicating his ability to advance the proposed endeavor.
Beneficial to the United States: The Petitioner’s contributions to breast cancer research and treatment are of such value that they benefit the United States, even assuming other qualified U.S. workers are available.
Criteria Not Met:
None: All criteria were met.
Key Points from the Decision
Proposed Endeavor:
The Petitioner, a surgeon and researcher, intends to study breast cancer development and treatment methods using cancer genome analysis. He emphasizes the importance of his research for improving the understanding and treatment of breast cancer.
Substantial Merit and National Importance:
The Petitioner’s research focuses on breast cancer, a significant health concern. His proposed work includes studying skin-sparing mastectomies and other treatments to improve cosmetic outcomes and efficacy. Letters of support from colleagues highlight the potential benefits and broader implications of his research, which are disseminated through medical journals and conferences.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Petitioner’s extensive experience, educational credentials, and numerous published articles demonstrate his ability to advance his proposed research. His work has been frequently cited and recognized by other researchers, showcasing its impact on the field. The Petitioner’s track record and ongoing studies in breast cancer treatment provide significant contributions that benefit the United States.
Supporting Evidence:
The Petitioner provided copies of his educational credentials, published research articles, and letters of support from colleagues. The evidence demonstrates his expertise in breast cancer research and his ability to advance the proposed endeavor in the United States.
Inconsistencies in Proposed Endeavor:
There were no significant inconsistencies noted in the proposed endeavor. The evidence supports the Petitioner’s claims regarding his research and its potential impact.
Supporting Documentation
Letters of Intent:
The Petitioner provided letters from colleagues and other researchers supporting the significance and potential impact of his proposed research.
Business Plan:
No specific business plan was summarized in the decision.
Advisory Letter:
The Petitioner included letters from fellow medical professionals and researchers explaining his contributions to the field of breast cancer research.
Any Other Supporting Documentation:
The Petitioner submitted documentation of his published research, educational credentials, and professional associations, demonstrating his qualifications and expertise.
Conclusion
Final Determination: The appeal was sustained.
Reasoning: The Petitioner met all three prongs of the Dhanasar framework, demonstrating that his research has substantial merit and national importance, that he is well positioned to advance his proposed endeavor, and that waiving the Labor Certification requirements would benefit the United States.
