EB2 NIW National Interest Waiver Rejection for an Organic Chemistry Researcher
EB2 NIW PH.D. IN CHEMISTRY
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In order to seek EB2 the individual had to have an advanced degree. Since he had a PhD in chemistry, he met the EB2 requirement. However, in order to satisfy EB2 National Interest Waiver EB2 NIW he has to pass a three-prong test. The first prong is that his endeavor has substantial merit and national importance. The second prong for NIW is that he is well positioned to advance the proposed endeavor. The third prong is that it would beneficial to waive the job requirement.
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Let’s take a look at how he did on each of these three-prong test for EB2 NIW.
Substantial Merit and National Importance of the Proposed Endeavor
“The Petitioner indicated that he intends to continue his research aimed at developing efficient routes for his research and the record supports his proposed endeavor has substantial merit and national importance.
They say that “For example, he presented information about the U.S. pharmaceutical industry's drug development work and the incidence of cancer worldwide. In addition, the Petitioner provided documentation indicating that the benefit of his proposed research has broader implications, as the results are disseminated to others in the field through scientific journals and conferences. As the Petitioner has documented both the substantial merit and national importance of his proposed organic chemistry research, we agree with the Director's determination that he meets the first prong of the Dhanasar framework.” or matter of dhanasar
In my opinion when I was reading various appeals the first prong test is usually the easiest meet for some with a PhD. Find more of the opinions at https://eb2niw.thinkific.com/
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Well Positioned to Advance the Proposed Endeavor
He submitted records of curriculum vitae, academic credentials, published articles, and conference presentations. “He also offered evidence of articles that cited to his published work, and letters of support discussing his past research projects”. However, they ruled that he’s not well posited to advance the proposed endeavor for the following reasons.
In letters supporting the petition, several references discussed the Petitioner's organic chemistry research projects, but the recommendation letter does not offer specific examples of how the Petitioner's system has been implemented, utilized, or applauded by others in the field.
A researcher cited his work but paper, however, does not distinguish or highlight the Petitioner's work from the 28 other articles he cited to in his paper.
While another recommender asserted that the Petitioner's research paper on the subject "is destined to be a new standard in this field," he did not explain how the Petitioner's findings have already affected drug development processes or otherwise constitute a record of success in his field.
Reference letter did not provide specific examples indicating that the compounds developed by the Petitioner have impacted the pharmaceutical industry. Again, another reference did not provide specific examples indicating that the impact to the pharmaceutical industry.
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In terms of citations he had publications in 5 major journals. “As it relates to the citation of the Petitioner's work, the record includes July 2018 information from Google Scholar indicating that his five highest cited articles in Journal of Organic Chemistry (2015), Organic Letters (2013), ACS Combinatorial Science (2011 ), Journal of the American Chemical Society (2017), and Chemical Communications (2011) each received 11, 10, 9, 5, and 3 citations, respectively. The Petitioner does not specify how many citations for each of these individual articles were self-citations by him or his coauthors.” “The Petitioner has not demonstrated that the number of citations received by his articles reflects a level of interest in his work from relevant parties sufficient to meet Dhanasar' s second prong.” or matter of dhanasar
Therefore, he fails the second niw green card test since “he has not shown that his academic accomplishments and citations by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor.”
“Additionally, while the Petitioner points to the fact that his work has been included in the PubChem Open Chemistry Database, the record does not establish that his research has been implemented, utilized, or applauded by those viewing it.”