TABLE OF CONTENTS
1. Form G-1145, E-Notification of Application/Petition Acceptance | p. 1 |
2. Form I-140, Immigrant Petition for Alien Worker | p. 2 |
3. Form ETA-9089 (in duplicate) | p. 9 |
4. Photocopies of Passports, Visas, I-20, SEVIS, EAD Card, I-797, and I-94 | p. 23 |
5. Cover Letter and Initial Evidence in Support of the I-140 petition | p. 46 |
6. Statement from Dr. JOHN DOE | p. 73 |
7. List of Exhibits | p. 76 |
8. Exhibits 1 - 42 | p. 77 |
9. List of Supporting Letters | p. 312 |
10. Letters 1 - 8 (with profile web pages) | p. 313 |
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XXX 26th, 20xx
USCIS Chicago Lockbox
Attn: I-140
P.O.Box 88774
Chicago, IL 60680-1774
Initial Evidence in Support of the I-140 Immigrant Petition
Petitioner and Beneficiary: JOHN DOE
Classification Sought: Employment-Based Immigration, Second Preference,
Exceptional Ability in Science
with a "national interest waiver" of the job offer (EB2-NIW).
8 C.F.R. § 204.5(k)(3)(ii) and 8 U.S.C. § 1153(b)(2)(B)(i)
To USCIS Officer(s):
Dr. JOHN DOE, the self-petitioner of the I-140 Immigrant Petition for Alien Workers pursuant to 8 C.F.R. § 204.5(k)(1), provides initial evidence supporting his status as an alien of exceptional ability in the field of XXX biology. His proposed endeavor is to elucidate how the XXX regulates XXX important traits in XXX, with a specific focus on epigenetics and multi-omics in the field of XXX. Dr. DOE is an alien of exceptional XXX biologist and well-positioned to undertake his endeavor with proven record. He is committed to continue his research in the United States. Dr. DOE's proposed endeavor holds significant merit for advancing the leadership of the US in the field of XXX and enhancing the XXX sustainability.
Dr. DOE presents evidence demonstrating his fulfillment of three (A, E, F) out of six criteria outlined in 8 C.F.R. § 204.5(k)(3)(ii) as an alien of exceptional ability. This evidence includes:
1. His Ph.D. degree in XXX biology from XXX University. (Section 1.1 and 3.1)
2. Membership in the American Society of XXX. (Section 1.2)
3. Recognition by his peers for his achievements and significant contributions to XXX. (Section 1.3)
To establish his eligibility for the petition based on a preponderance of the evidence, Dr. DOE additionally provides three (iv, vi, vii) out of ten criteria specified in 8 C.F.R. § 204.5(h)(3) for determining extraordinary abilities. According to 8 C.F.R. § 204.5(k)(3)(iii), this evidence is comparable to the criteria listed in 8 C.F.R. § 204.5(k)(3)(ii) as the standard of exceptional ability is lower than the standard for extraordinary ability classification. The additional evidence includes:
1. Dr. DOE's participation as a peer-reviewer for multiple journal articles in biology, predominantly focused on the field of XXX biology. (Section 1.4)
2. Evidence of Dr. DOE's authorship of scholarly articles published in high-impact journals within the field of XXX biology. (Section 1.3.2, 1.3.3, and 2.1)
3. Evidence highlighting Dr. DOE's work, showcased at the XXX Institute Public XXX through the competitive selection in the XXX Institute XXX Awards. (Section 1.5)
Dr. DOE is seeking a national interest waiver of the job offer, as per 8 U.S.C. § 1153(b)(2)(B)(i) and 8 C.F.R. § 204.5(k)(4)(ii). The attached evidence and statement satisfy all three criteria for such a waiver, as described in Matter of DHANASAR, 26 I&N Dec. 884 (AAO 2016). The supporting documentation and statement are as follows:
1. Evidence demonstrating that Dr. DOE's proposed work in the field of XXX biology holds both substantial merit and national importance. (Section 2)
2. Supporting evidence indicating that Dr. DOE is well-positioned to advance the field of XXX biology. (Section 1, 2, and 3)
3. Evidence and a statement explaining the benefit to the United States in waiving the job offer and labor certification requirements for Dr. DOE. (Section 4 and Statement from Dr. DOE)
Dr. DOE is committed to advancing his proposed endeavor in the United States. He envisions conducting the proposed research in the field of XXX biology either as a faculty member in a research university, a researcher in a USXX laboratory, or as a scientist in the biotech industry. (Please refer to Statement from Dr. DOE)
Section 1. Dr. DOE is an alien of exceptional ability in XXX biology, who will prospectively bring substantial merit to the XXX research and productivity of the United States by studying mechanisms of how the XXX in XXXs affect useful traits in XXX.
Dr. DOE has been working in the field of XXX biology since 2014. His work spans multiple subfields of biology including XXX biology, XXX, transcriptomics, epigenomics, and bioinformatics . Specifically, Dr. DOE showed that the XXX is important in XXX growth and XXX production, both of which are key traits of XXX productivity. The XXX is a XXX protein structure under the XXX. The XXX is a XXX of the XXX, and the XXX contains genetic material called a genome. Because the XXX is the XXX of the XXX, it interacts with the genome and other proteins. These features make the XXX crucial in XXX biology and epigenetics. To illuminate how the XXX is involved in XXX key traits, Dr. DOE utilized multi-omics tools (metabolomics, transcriptomics, and epigenomics) and other biological methods in various subfields in biology. By working on those multiple disciplines in XXX biology, Dr. DOE developed exceptional expertise in the field of XXX biology. He intends to keep working in the field of XXX biology as a scientist, including a faculty position in a research university, a researcher in a USXX laboratory, or a scientist in XXX biotech industry. He specifically plans to keep working in transcriptomics, genomics, and epigenomics (collectively, multi-omcs) to illuminate mechanisms of how the XXX affects XXX useful traits of XXXs and how to improve them such as faster XXX, increased XXX, and higher XXX yield. In addition, Dr. DOE also intends to keep working in bioinformatics, which is required discipline to analyze multi-omics data. His proposed endeavor is based on his exceptional accomplishment in his past work and he aims to advance these fields even further, which would contribute to the United States maintaining scientific and XXX leaderships in the field of XXX biology.
1.1 Dr. DOE has received a Ph.D. degree in XXX Biology from XXX University and a B.Sc. in XXX and Life Sciences from Seoul National University. Both schools are high-ranking research universities in the U.S. and South Korea. Dr. DOE is a member of the professions requiring advanced degrees.
Dr. DOE obtained his Ph.D. degree in XXX Biology from XXX University. According to the U.S. News & World Report Best National University Rankings, XXX ranks as the xxth best school in the U.S. based on overall scores. XXX has even higher rank as the xth best school in Biological/XXX field, which is where Dr. DOE's Ph.D. program and proposed endeavor fall in. Even in global scope, according to the Times Higher Education, XXX is the xxth best school and its Research Quality score is 97.6 out of 100 . Finally, QS Top Universities ranks XXX University as the xxth best school in the world . Based on these multiple statistics and the university's history as a member of prestigious XXX research university especially specialized in XXX and XXX science, the Ph.D. degree he earned in XXX University proves that he has an advanced degree related to his proposed endeavor. With mentoring of Dr. XXX at XXX Institute, Dr. DOE successfully defended and submitted his Ph.D. dissertation titled 'XXX Proteins in XXXs and Their Involvement In XXX Response and Development' and earned his degree in 2019 .
Dr. DOE's admission to and completion of the Ph.D. program was based on his solid performance in undergraduate education in South Korea. He obtained his degree of Bachelor of Science (B.Sc.) in XXX from Seoul National University (SNU). According to the Times Higher Education, SNU is ranked as the 62nd best university in the world and the 11th in Asia. The QS Top Universities ranks, SNU as the 41st best university in the world. In both database, SNU holds the sole top ranking among South Korean universities without any tied rankers.
Dr. DOE is also a member of the professions requiring advanced degrees, given that his current position as a postdoctoral fellow at XXX in XXX, XX, necessitates a Ph.D. degree . XXX Institute is renowned for its biological research and XXX professors also hold professor positions in XXX. According to SCImago Institutions Rankings, XXX Institute is ranked xxth out of 8,433 evaluated institutes, placing it in the top 1% worldwide .
1.2 Dr. DOE is the member of major professional organizations.
Dr. DOE has been a member of the ABC Society of XXX Biology (ABC) , which is a non-profit professional society for research and education in XXX science with over 4,000 members world-wide. The society publishes high-impact journals including XXX XXX and The XXX XXX. Dr. DOE published his study titled 'XXX Proteins Induces XXX and XXX Defense Signaling' on XXX XXX in 2019 . He was introduced in the ABC's author profiles and has kept his membership since 2021.
1.3 Dr. DOE's significant contributions to the XXX XXX study in the field of XXX biology is recognized by his peers.
1.3.1 Internationally renowned scientists in the field of XXX biology recognize Dr. DOE's exceptional contribution to the XXX XXX study. They consider Dr. DOE’s expertise to be significantly above the ordinary standard in the field.
Dr. DOE's international recognition is supported by eight letters from experts around the world in the field of XXX biology . All authors of letters supporting Dr. DOE's petition are recognized experts in the field of XXX biology. Their expertise is proved by numerous number of citations of their published works and their positions in the field. Among these experts, three letters are written by Dr. DOE's mentors or professors in the same department/institute (Drs. XXX, XXX, and XXX). However, the rest of letters (five) are written by experts who has not worked with Dr. DOE but they recognize his work from his publication. These experts are professors in XXX Medical School (Dr. XXX), UC XXX (Dr. XXX), University of XXX (Dr. XXX), University of XXX (Dr. XXX), and XXX University (Dr. XXX).
1.3.2 Dr. DOE has made original discoveries in the XXX XXX study, published in high-impact journals. (Refer to Section 2 for the detailed context.)
The XXX is a XXX protein structure under the XXX of a cell XXX. Together with other proteins and XXX, the XXX plays a pivotal role to form the XXX. Dr. DOE is the first person to describe that the XXX XXX can affect XXX immunity by enhancing the biosynthesis of XXX called XXX. This result was published in XXX XXX and XXX XXX as first-authored articles. XXX XXX has the Journal Impact Factor (JIF) of x.x in 2022, ranking it top xxth out of xxx journals in XXX sciences category. He is also the first person to show that the XXX XXX is important in XXX development, a tissue crucial in XXX XXX production and yield. He generated both transcriptomic and epigenomic data of XXX with defective XXX. These multi-omics data are also the major contribution to the field and recognized by his renowned peers.
"It is also important to note that Dr. DOE's work provided invaluable multi-omics data to the field. Specifically, he generated transcriptomic and histone methylation (XXX) data of the XXX mutant targeting both XXX and XXX." (Letter 1, from Dr. XXX XXX)
"Very impressively, he employed the transcriptome analysis, epigenomic data analysis and confocal microscopy to reveal how XXX proteins affect gene expression. The result is recently published in XXX with him as the only author besides his postdoc mentor. This again shows his remarkable research abilities including using the cutting-edge technology for research." (Letter 2, from Dr. XXX)
"Moreover, Dr. DOE's proficiency in multi-omics studies, particularly his leadership in epigenomic profiling using techniques like XXX, demonstrates his commitment to advancing the field of XXX biology." (Letter 3, from Dr. XXX XXX)
"Dr. DOE also provided transcriptomic data of XXX mutants, demonstrating his exceptional ability to analyze multi-omics data. The value of these datasets is further appreciated as he generated multi-omics data from the XXX, which is unquestionably the most important tissue in the nutritional value of cereal XXXs." (Letter 4, from Dr. XXX XXX)
"He generated multi-omics profiles of XXX modification and transcripts, revealing significant dysregulation of key regulators in XXX development in XXX1/2 mutants. This comprehensive data serves as a valuable resource for advancing our understanding of XXX development, a pivotal aspect of XXX cultivation." (Letter 5, from Dr. XXX XXX)
"This work holds significant importance for the field and demonstrates Dr. DOE's exceptional research ability for several reasons. First, his work provides valuable multi-omics data necessary to assess the function of the XXX in XXX development, including novel epigenetic and transcriptomic data." (Letter 6, from Dr. XXX XXX)
"Using mRNA-seq (transcriptomics), Dr. DOE found that developmentally important genes and xxx-related genes were highly expressed in the XXX tissue of XXX mutants. (The XXX is the xxx tissue in the XXX and is the source of xxx consumed by xxx). By profiling histone modifications in wild-type and XXX mutants using XXX (epigenomics), he demonstrated that disruption of the XXX disrupts XXX patterning and reduces its abundance. (XXX is an immunological method to capture DNA interacting with proteins in interest that are recognized by antibodies.) This is the first demonstration of a direct connection between the XXX and genome-wide histone modification patterning." (Letter 7, from Dr. XXX XXX)
The research and multi-omics data were published in XXX, which has JIF of x.x in 2022 . XXX was ranked xxth out of 000 journals in XXX sciences category. Dr. DOE expanded the application of his results to XXX, a commercially significant XXX XXX in both the U.S. and globally . Specifically, he and his colleagues revealed that defects in the XXX result in sterility and growth defects in XXXes. This paper is the first to describe the impact of the XXX on these traits in XXXes. Dr. DOE published the work in the XXX, which has JIF of x.x, ranking xxth out of 000 journals in XXX sciences category .
Collectively, Dr. DOE's work has not only led to original discoveries but has also applied those results to economically important XXXs, demonstrating the impact of his research on both the field of XXX biology and U.S. XXX.
1.3.3 Dr. DOE's publication has been cited by many scientists around the world.
The significance and the impact of Dr. DOE's work is strongly demonstrated by the fact that his publications have been cited more than 60 times, according to the Google Scholar . Notably, a majority of these citations are attributed to his first-authored papers. This count excludes self-citations and citations from the same research group where Dr. DOE has worked. Furthermore, the geographic reach of these citations is truly global, spanning research groups from the U.S. and 17 foreign countries . The citation count has exhibited a steady increase over the years, reaching its peak in 2023 . Notably, with Dr. DOE's most recent and impactful paper published in XXX in 20xx XXX , and a second-authored paper in mid-2023 (the XXX paper in the Journal of XXX) , the citation count is expected to grow further in the future.
1.4 Dr. DOE has been a judge of the work of others in the field of biology.
Dr. DOE has been invited to peer-review assignments for 7 times, including 4 times of initial submission and 3 times of resubmitted manuscript . One of the journals he was invited for a peer-review is Nature XXXs, which has the xth highest impact factors in XXX science journals . In addition, Dr. DOE also peer-reviewed work from outside of XXX biology because he has expertise in epigenomic research tool. Specifically, Plos One asked Dr. DOE to review epigenomic method (called XXX) used in the study of a parasite Trypanosoma brucei responsible for sleeping sickness . In conclusion, these evidences support that Dr. DOE's expertise is widely applicable and sought in the broad biology field as well as in the field of XXX biology.
1.5 Dr. DOE's XXX obtained in the study on the XXX XXX is on display (Month 20xx – Current as of Month, 20xx) at the XXX Institute Public Galleries. The artistic XXX was competitively selected through the XXX Institute XXX competition and introduced in several media.
Dr. DOE's work on the XXX XXX is highlighted at the XXX Institute Public Galleries . He received XXX Institute XXX Awards for the microscopy image named 'XXX' in 2013. Specifically, the image represent XXX XXXs produced in XXXs with defective XXX. The image was obtained by scanning electron microscopy. The image was selected in the competition based on its image quality, natural beauty, and context of the study . Additionally, this award was highlighted in several media .
Section 2. Dr. DOE's proposed work in XXX multi-omics, including transcriptomics, genomics, and epigenomics, to elucidate the mechanism of how the XXX affects XXX useful traits in XXXs has both substantial merit and national importance.
2.1 Dr. DOE’s proposed endeavor and proven record of his work in the form of publication are in national interest based on USXX XXX and Research Strategy, 20xx-20xx: XXX XXX Innovation and Critical and Emerging Technologies (CETs) List Update (February 2022).
Dr. DOE has been working in the field of XXX biology as a postdoc researcher at XXX Institute. He is already well positioned in his field with proven records of publications, citations, supporting letters, and journal peer review, and being a member of the renowned research institute. He plans to continue his work in the field of XXX biology as a scientist, including a faculty position in a research university, a researcher in a USXX laboratory, or a scientist in biotech industry. He specifically intends to keep working in XXX epigenetics and epigenomics fields to generate more multi-omics data 1) to illuminate the mechanism of how the XXX affects XXX useful traits of XXXs and 2) to improve them such as faster growth, increased immunity, and higher XXX yield. Although Dr. DOE has worked on the XXX, which is part of the XXX, there are more components in the XXX such as xxx xxx complex and xxx xxx proteins, which call upon more effort to elucidate what they do for XXX important traits. In addition, Dr. DOE also intends to keep working in the bioinformatics, which is required to analyze vast amount of data generated from multi-omics field.
Dr. DOE's work in XXX biology culminates into total of six papers, including four first-authored and one second-authored publications . His research has substantial merit and national importance because it elucidates how the XXX is related to XXX immunity, growth, and XXX development, which are important traits in XXX. The substantial merit and national importance of his works are supported by the U.S. government and their agency’s research agendas, specifically USXX XXX and Research Strategy and the National Science and Technology Council's (NSTC) Critical and Emerging Technologies (CETs) List Update (February 2022).
In his first-authored papers in XXX XXX and XXX XXX in 2019, he showed that XXX XXX XXX gene is important in XXX immunity and growth, which have strong potential on developing pathogen resistant XXXs and increasing their yield. More specifically, Dr. DOE showed that defects in the XXX gene lead to heightened immunity against bacterial pathogen XXX and stunted growth of xxx XXX in XXX. He also showed that these abnormal phenotypes caused by the defective XXX gene can be mitigated by introducing mutation in a gene responsible for biosynthesis of XXX. The XXX is an important XXX hormone mainly involved in immune responses. This study is consistent with the USXX's strateg report (see A Message from the Secretary of XXX below), because his scientific work can be applied to facilitate growth of XXXs and defense against pathogens. A Message from the Secretary of XXX in the USXX XXX and Research Strategy states that this type of research has substantial merit and national importance.
"cited paragrphs"
It is noteworthy that the Secretary's message explicitly states that their goals encompass not only rural communities but also emerging urban XXX opportunities, highlighting that their agenda extends beyond local region to a national scope.
In addition, it should be emphasized that Dr. DOE conducted a comprehensive analysis of transcriptomic, epigenomic, and metabolomic data to elucidate the relationship between the XXX, XXX immunity, and growth. Specifically, he analyzed mRNA-seq transcriptomic data, generated epigenomic data correlating gene expression with chromatin states, and utilized mass spectrometry to analyze metabolomic data related to XXX and its derivatives in XXX with defective XXX. These data sets were used to explain how the XXX influences both the immunity and the XXX growth, as discussed above.
Because Dr. DOE used multiple omics methods to generate these data, this study falls into the multi-omics study described in CETs. NIH defines the multi-omics as follows :
'Multi-omics refers to a research approach that generates and analyzes several omics data types derived by different technologies — such as genomics, epigenomics, transcriptomics, proteomics, and metabolomics.'
NSTC clearly listed 'Multi-omics and other biometrology, bioinformatics, predictive modeling, and analytical tools for functional phenotypes' under Biotechnologies field in the February 2022 Update . The update states that 'CETs are a subset of advanced technologies that are potentially significant to U.S. national security.'
In his more impactful first-authored paper in XXX in 20xx, Dr. DOE demonstrated that the XXX gene is also important in XXX development. Specifically, he showed that mutations in XXX genes can significantly hamper XXX and XXX development. According to the USXX NAL XXX Thesaurus , the XXX is 'a xxx tissue of the XXXs of xxx XXXs that surrounds the xxx. It is produced by a xxx process of xxx in which a xxx xxx gamete from the XXX XXX fuses with xxx xxx xxx within the xxx. The XXX varies in xxx and contains reserves of aaa, bbb, and ccc, making it an important source of xxx xxx.' Proper XXX development is an absolute necessity to maintain staple XXX XXX yield. Therefore, this study provides another strong evidence that Dr. DOE's work holds significant potential for enhancing XXX sustainability. Additionally, the paper employs transcriptomic, epigenomic, and bioinformatic (hence multi-omics) methods to elucidate how the XXX gene affects XXX and XXX development. Specifically, Dr. DOE generated mRNA-seq transcriptomic data and XXX hitone modification epigenomic data from XXXs with defective XXX. He also analyzed these data sets with his bioinformatics skill.
Dr. DOE not only utilizes omics methods but also aims to optimize and apply them to XXX biology. Dr. DOE, for instance, employed the advanced epigenomic technology known as XXX (xxx ) to produce XXX data. Now, he is planning the application of an even newer method, xxx (xxx by xxx ), to his XXX epigenomic research. Specifically, Dr. DOE is currently exploring how to implement and optimize XXX in studying XXX XXX, with the goal of shedding light on XXX development and potentially enhancing XXX production. Given that XXX has never been utilized in XXXs before, its successful application/optimization could significantly accelerate XXX epigenomic research.
"His plans to implement the more sophisticated XXX epigenomic profiling on XXX XXX, coupled with transcriptomics, further underscore his dedication to pushing the boundaries of knowledge in his field." (Letter 3, from Dr. XXX XXX)
"From this perspective, Dr. DOE has already proven that his track record is in line with the national interest regarding his work in multi-omics and bioinformatics: he produced (wet-lab sample preparation) and also analyzed the data (dry-lab computational analysis). In addition, he is currently planning to adopt a new epigenomic method called XXX for XXX XXX research, which can generate two to three times more epigenomic data compared to the current XXX technology being used in the lab." (Letter 7, from Dr. XXX XXX)
It is noteworthy that Dr. DOE's two main first-authored research papers (XXX XXX and XXX) have only two and one author(s) respectively, excluding correspondence author. Corresponding authors are typically the head professors of the laboratories where the first authors work, and they are expected to appear on every paper from their labs. This indicates Dr. DOE’s capability to conduct a substantial amount of scientific research independently, further underscoring his expertise. Consequently, this paper should be considered with additional weight in terms of assessing Dr. DOE’s ability to conduct research compared to other papers, which are often authored by multiple contributors.
"I am deeply impressed that Dr. DOE single-handedly published this work as the sole author (with his postdoc advisor, Dr. XXX, as the corresponding author) in a more impactful journal compared to his previous publications, which demonstrates his progression and advances in his research over time. I have no doubt that his capacity and the quality of his research will continue to improve in the future if he pursues his work in the US." (Letter 1, from Dr. XXX XXX)
"Dr. DOE's exceptional research performance is also supported by the number of authors on his publication. He is the sole author of the publication in XXX except for myself as the corresponding author. In this era of big-science, it is exceedingly rare to see a comprehensive genomic study authored by only two individuals, a testament to Dr. DOE’s total intellectual ownership of the project. This project required extensive bioinformatic analysis of genomic data, an area in which Dr. DOE had no previous experience. Dr. DOE learned all of this during the course of the project, much of which was self-taught. It is truly remarkable to see the extent to which Dr. DOE mastered various experimental methods, including both wet-lab and dry-lab techniques, over the course of this project.
Although my lab has expertise in epigenetics, we have never previously considered xxx structure or the XXX. Thus, Dr. DOE pioneered a new area of research in my lab while also taking advantage of the knowledge and expertise of those around him." (Letter 7, from Dr. XXX XXX)
"Dr. DOE just published a remarkable work in the high-profile XXX journal, XXX, where his newly developed and enhanced computational and epigenomic skills are on full display. In this work, Dr. DOE generated large genomics datasets using state-of-the art profiling techniques to chart both histone methylation and transcriptomic data of the XXX tissue within XXXs of XXX mutants. It is remarkable that he is the single author of the paper reporting novel ‘multi-omics’ data of the specialized tissue that is difficult to isolate. Similar genomics studies typically have a large number of authors, each with a subspecialty in a computational or laboratory technique. The fact that Dr. DOE is publishing such a study with only the laboratory leader as a co-author speaks to Dr. DOE’s experimental and computational versatility and level of accomplishment. Based on this recent addition to his publication record, I have no doubt that his progress in epigenetics and multi-omics will improve even more in the future, provided that he is supported and allowed to stay in the US to continue applying his talents in academia and industry here in this country." (Letter 8, from Dr. XXX XXX)
In his second-authored paper published in Journal of XXX in 2023, Dr. DOE demonstrated the practical applicability of his study on the XXX gene to XXXes, a commercially important XXX species. The paper, co-authored with colleagues, reveals that the defective XXX gene results in stunted root growth and reduced fertility in XXXes. Chapter 4 of Dr. DOE’s Ph.D. dissertation also details how XXX XXXs with defective XXX fail to produce XXX . The implications of these findings are significant for XXX productivity because both stunted root growth and reduced fertility directly impact the yield of XXXes. Dr. DOE’s work, as evidenced by these outcomes, showcases not only substantial merit but also national interest in terms of potentials in enhancing XXX production and sustainability.
Collectively, it is evident that Dr. DOE's prior works and proposed endeavor in XXX biology encompassing epigenetics and multi-omics to illuminate relationship between the XXX and XXX important traits have both strong scientific merit and national importance.
2.2 Dr. DOE's proposed endeavor, along with his established track record, has strong potential to contribute to national security and bio-defense, in line with the policy directives of the Biden-Harris Administration and the objectives outlined in multiple bills introduced in Congress.
Section 2.1 delineates the specific accomplishments of Dr. DOE and their significance in the context of national importance within both scientific and XXX domains. It is crucial to emphasize that Dr. DOE's research also aligns directly with the policy objectives of the Biden-Harris Administration and bills introduced in the Congress.
Executive Order on Advancing Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American Bioeconomy , released on September 12th 2022, includes a crucial section titled ‘Sec. 3. Harnessing Biotechnology and Biomanufacturing R&D to Further Societal Goals.’ This section, and particularly Sec. 3. (iii) underscores the national importance of research and development in biotechnology. It specifies that ‘cited’
National Security Memorandum on Countering Biological Threats, Enhancing Pandemic Preparedness, and Achieving Global Health Security , released on October 18th 2022, clearly articulates the commitment of the United States Government. Its Section 1 states that ‘cited’
FACT SHEET: Biden-Harris Administration Releases Strategy to Strengthen Health Security and Prepare for Biothreats , released on the same day, further explains that ‘cited’
National Security Memorandum XXX , released on XXX xxth XXX, states in its ‘Sec. 5. Roles and Responsibilities’ that ‘cited’
FACT SHEET: Biden-Harris Administration Releases XXX , released on the same day, explains that ‘cited’
Furthermore, in 2023, multiple efforts have been made with the objective of protecting the health of various XXX XXXs . These legislative initiatives collectively underscore the significance of the field of XXX biology, including XXX immunity, omics technology, and bioinformatics. Dr. DOE’s research on the XXX in the field of XXX biology, with a specific emphasis on epigenetics and multi-omics, aligns precisely with both the Administration’s agenda and the Congressional effort. This is evident as Dr. DOE’s work elucidates the mechanisms behind heightened immunity against XXX pathogen (refer to the work published in XXX XXX in Section 2.1) and examines the impact of the XXX on the nutritionally and XXX important tissue, the XXX (refer to the work published in XXX in Section 2.1). Furthermore, the application of multi-omics in Dr. DOE’s research is directly relevant to biodefense, as the detection and analysis of biological weapons, including XXX pathogens, necessitate the use of multi-omics skills .
Hence, it is evident that Dr. DOE’s research and his proposed endeavor in the field of XXX biology fall squarely within the scope of national security.
Section 3. Dr. DOE is well positioned to advance the proposed endeavor.
Dr. DOE’s positioning to advance the study of XXX XXX and XXX multi-omics is substantiated by his publication, citation impact, supporting letters, and his role in evaluating the work of others, as described in Section 1 and 2. Additionally, as a member of the renowned research institute, he is well-established in a position conducive to advancing these areas of study. This state of being well-positioned is further supported by additional evidence detailed below.
3.1 Dr. DOE is an expert in the field of XXX biology with over 9 years of research experience.
Dr. DOE embarked on his research journey in the field of XXX biology as a Ph.D. student at XXX University in 20xx, conducting research in Dr. XXX XXX' epigenetics laboratory at the renowned XXX Institute (XXX). XXX holds a prestigious position in XXX research globally, ranking xxxth out of 0000 institutes worldwide, placing it in the top n.n%, according to SCImago Institutions Rankings . Similar to the XXX Institute, XXX faculties are also adjunct faculties of XXX University, allowing graduate students at XXX to conduct thesis research at XXX. Utilizing the resources and expertise of both XXX University and XXX, Dr. DOE published his research results in XXX XXX in 20xx and successfully completed his Ph.D. dissertation in the same year. Building on the knowledge gained during his time at XXX University and XXX, Dr. DOE sought postdoctoral positions at renowned research institutes in the U.S. He received offers from both the xxx Institute and the XXX Institute . During his time at the XXX Institute, Dr. DOE published his work in XXX in 20xx. In total, Dr. DOE has dedicated over n years to the proposed endeavor, excluding his undergraduate years, establishing substantial expertise in the field of XXX biology.
3.2 Dr. DOE has received XXX Scholarship Program for XXX.
In 2013, Dr. DOE was awarded the 'xxx', receiving financial support totaling USD xxx (USD xxx per year) . This prestigious award, granted through a highly competitive selection examination, is extended to only a few selected students intending to study abroad. Dr. DOE proposed to work in the field of XXX biology with plans to develop stress-resistant XXXs, aligning with his current proposed endeavor.
Section 4. On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
4.1 Given the substantial merit and national importance of Dr. DOE's proposed endeavor, coupled with the urgent need to sustain U.S. leadership in the field of XXX biology, it is in the best interest of the United States to consider waiving the requirements of a job offer.
As outlined in Section 2.2, multiple White House documentations and Congress efforts underscore the urgent need for research in the field of XXX biology. Dr. DOE's research, spanning both model species and XXX species, demonstrates not only his capability to generate original discoveries but also his proficiency in translating them into practical applications for XXX XXXs. Waiving the requirements of a job offer for Dr. DOE would be beneficial to the United States because insisting on a job offer would impede the time Dr. DOE could dedicate to his research, which is in the urgent national interest.
4.2 The level of expertise and time required to address present-day biological questions is so intense that Dr. DOE requires an immigrant visa, allowing an unrestricted stay in the U.S., to undertake the proposed endeavor effectively. The imposition of a job offer requirement would unduly limit the available time and scope for his research.
As advancements in science and technology continue, the demand for expertise and effort to contribute further intensifies. The proliferation of scientific data and published papers has grown significantly over time. In the field of biology, researchers once focused on one or a few genes, but now, thanks to high-throughput omics technologies, they deal with thousands number of genes at a time. However, with this wealth of information comes the necessity for biologists to manage multiple omics technologies along with computational skills to process the tremendous amount of data. Learning and keeping up with these constantly evolving technologies require substantial time and dedication. Indeed, even esteemed Nobel laureate scientist Dr. William G. Kaelin Jr. expressed his opinion in Nature as follows :
‘When I was a postdoctoral fellow, an entire paper could consist of the detection of two proteins that bound to one another and the follow-up experiments to establish that binding occurred in living cells. Today, data supporting such an assertion would consist of one or two experiments described in Figure 1 (or worse, Supplemental Figure 1). The rest of the paper would describe work spanning diverse scientific disciplines that elevate the claims and culminate in a figure with a patina of clinical relevance.’
‘Although I am a seasoned reviewer, I find it difficult to wade through the increasing amount of data in papers, and often encounter material where I am not an expert. If this trend continues, it will be necessary to take mini-sabbaticals to review papers.’
This increasing complexity and dedication are also evident in multi-omics, as listed in NSTC’s CETs, illustrating that one omics technology or data set is insufficient to tackle today’s biological problems.
In light of this reality, the non-immigrant visa H1B for postdocs, which has a maximum limit of 6 years, poses a serious obstacle to performing the proposed endeavor. Moreover, if USCIS insists on Dr. DOE having an employer to support his immigrant visa petition, it would divert his focus from his research to job search for the priority of visa support, potentially wasting valuable time. Therefore, waving the job requirement for Dr. DOE is beneficial to ensure he can dedicate his time and efforts to his proposed endeavor.
4.3 International collaboration is crucial for generating impactful research. Non-immigrant visa comes with limitations for international collaboration, travel, and the time consumed at border controls further adds to the challenges.
In addition to time and dedication, biologists rely on a multitude of methods, resources, and facilities to shape their research. For instance, to publish his paper in XXX, Dr. DOE utilized four different scientific facilities to generate diverse types of data: transcriptome, electron microscopy, confocal microscopy, and flow cytometry. The accessibility of these resources at the XXX Institute and XXX was fortunate for Dr. DOE, given their close proximity. However, such convenience is not universal, as some critical resources and expertise may be located out of one's country, necessitating international collaboration and efforts from multiple research groups. Dr. DOE's colleague, a XXX graduate student XXX XXX, for example, traveled to Germany for two weeks in November 2023 to acquire expertise in xxx xxx from XXX XXX's lab at the Max Planck Institute of Immunobiology and Epigenetics . Collaboration across borders is commonplace in scientific articles, with multiple authors contributing from different countries . Additionally, international conference and symposia often require frequent overseas travel. Given these circumstances, the non-immigrant visa H1B poses challenges for frequent travels abroad, as it requires renewal every three years and forces individuals to spend more time to go back to their country to renew it. It also forces Dr. DOE to spend more time at border control due to the nature of non-immigrant visa control booth usage. In this context, the job offer requirement is also impractical, as it restricts Dr. DOE's work place and his ability to collaborate with multiple groups and institutes, contrasting with the collaborative nature of contemporary biological research.
"Finally, international collaboration and travel are often required for research; the current visa status imposes unnecessary time-consumption for visa renewal, border controls, and single work place issue. For example, my graduate student XXX XXX recently needed to travel to Germany to learn xxx xxx in collaboration with XXX XXX's lab. If Dr. DOE were in this situation, it might incur a legal issue, especially if there was financial support involved, because he could be out of his workplace for more than a month. In September 2023, Dr. DOE’s first three years of H1B visa expired, and he renewed the H1B status in the U.S. through the I-129 petition. However, he could not renew the visa stamp as he prioritized his time for research. As a result, he could not visit international conferences in Europe and missed a chance to share his important findings. In short, removing the limitation of visa and job offer requirement can help Dr. DOE's research and future collaborations, which aligns with the U.S. national interest." (Letter 7, from Dr. XXX XXX)
4.4 To perform interdisciplinary work, it can require multiple positions across the academia and industry. Job requirements for the green card petition obstruct this nature of interdisciplinary work.
Given the complex nature of biological research, which often necessitates collaboration among multiple authors, international efforts, and access to various facilities, it is common for biologists to hold dual positions. As previously mentioned, faculty members at the XXX Institute and XXX maintain dual positions at XXX and XXX University, respectively. In another case, some researchers simultaneously hold faculty positions and industry positions to apply their research to the industry practices or leverage industry resources. The job offer requirement, by nature, imposes a constraint on Dr. DOE’s work, limiting him to a single location and position. This restriction overlooks the interdisciplinary and collaborative nature of biology. Moreover, it runs counter to national interests when considering that limiting Dr. DOE's workplace to one location could impede the translation of research findings from academia to industry, potentially hindering direct benefits to the U.S. economy. In the rapidly evolving biotech industry, even researchers in startup companies often move between companies to apply and develop new technologies. Imposing a job offer requirement could be impractical for these fast-paced companies that need to quickly hire scientists to keep up with evolving technologies. This could negatively impact America's ability to maintain a leading position in the field of XXX biology, as the job offer requirement may reduce the chances of quickly hiring and rotating exceptional scientists like Dr. DOE to contribute to research in the U.S.
"Dr. DOE has excellent potential to work in either academia and industry. The XXX area is prosperous with sprouting biotech startups. Moving between companies is common in an effort to seek a better research environment and support. Moreover, it is also not infrequent for professors in biology to have a position in industry. The job offer requirement, therefore, is prohibitive to this trend of active movement and boundless research environment between academia and industry because under this rule the applicant needs to remain in a single workplace. For example, Dr. DOE and I have a plan to work on commercially crucial XXXs in collaboration with XXX Science. If we need more intense collaboration with the company, so that Dr. DOE might need to work on-site at XXX or potentially get a position there while also working in my lab, the job offer requirement would be an obstacle that would hinder our collaboration. Another relevant example is a postdoc who works in more than one lab. For example, I co-advise a postdoc (Dr. XXX) who works in my lab and in Dr. XXX's lab in XXX University. Accessing resources, specialties, and mentorships from multiple institutions is necessary for many researchers." (Letter 7, from Dr. XXX XXX)
"It is an undeniable trend that the demarcation between academia and industry is increasingly fluid in STEM fields. A good example in my current institution is Dr. XXX XXX, who worked as a postdoctoral researcher at XXX Institute and simultaneously co-founded an XXX spin-off company, Ascribe Bioscience. Although not every postdoctoral scientist ends up establishing a startup company, this example clearly shows that researchers in our field can actively collaborate with industrial partners and expand industrial territory. The current H1B status of Dr. DOE and the job offer requirement for employment-based immigration impose restriction on Dr. DOE's simultaneous participation in various research entities." (Letter 8, from Dr. XXX XXX)
Section 5. Conclusion
Dr. DOE is an accomplished expert with exceptional ability in the field of XXX biology, and he is committed to continuing his impactful work in the United States. Supporting letters from recognized experts affirm that Dr. DOE's discoveries and contributions hold significant benefits for the United States in the fields of XXX biology and XXX. Furthermore, as detailed in Section 1 to 4, Dr. DOE presents a preponderance of evidence, demonstrating his fulfillment of all requirements and regulations outlined in 8 C.F.R. § 204.5(k)(3)(ii) and 8 U.S.C. § 1153(b)(2)(B)(i). Consequently, Dr. DOE kindly requests USCIS approval of his petition for permanent residence under the category of an alien of exceptional ability in science with a national interest waiver.
For any additional evidence, please contact Dr. DOE at the following address.
Sincerely,
JOHN DOE
HOME:
XXX ST XXX
XXX, XX 12345
WORK:
000 XXX ST ROOM 000,
XXX, XX 12345
Email: XXX@XXX.XXX
Tel: XXX
Statement from Dr. DOE about how he intends to continue his research in the U.S.
XXX 15th, 20xx
My name is JOHN DOE and I am the beneficiary of the I-140 Immigrant Petition for Alien Worker, seeking EB-2 NIW classification as an individual of exceptional ability in science. I have extensive experience in the field of XXX biology, with a focus on the XXX, epigenetics, and multi-omics. My intention is to continue my research in this area in the United States.
After completing my postdoctoral research at the XXX Institute, a process I anticipate to conclude within two years upon approval of my petition, I plan to pursue either a tenure-track academic position in the U.S. or a researcher role in a USXX laboratory. Additionally, I am open to opportunities in the biotech industry, where I can effectively apply my academic findings to industrial and XXX practices.
Specifically, my research plan includes generating multi-omics data (transcriptomics, epigenomics, proteomics, and metabolomics) for the study of the XXX (including the XXX, XXX pore complex, and XXX membrane proteins). I will then utilize this data to enhance XXX important traits such as strengthened immunity and increased XXX yield. While this plan is straightforward in one sentence, there are barriers stemming from visa issues. Firstly, I plan to apply for research grants, which are prerequisites for managing a laboratory in a research university. However, the majority of scientific funding sources, especially those from the government, require permanent residence or U.S. citizenship. Secondly, I want to collaborate with other institutions or industrial corporations, but the H1B visa or permanent residence without NIW restricts me to one location. While working at XXX Institute, I realized that it is very difficult to apply for various industrial internships, collaborations, or even teaching opportunities because the H1B visa does not allow multiple employments. This limitation also applies to permanent residence without NIW, which does not permit holding multiple positions or engaging multiple collaborations. Lastly, international cooperation is restricted with either the H1B status or the permanent residence without NIW. In 2023, my first H1B visa expired but I chose to file Form I-129 (Petition for a nonimmigrant worker) in the U.S. to continue my research instead of returning to Korea for H1B petition and the visa renewal. However, I could not attend international conferences in Europe during this time. Even permanent residence without NIW can still pose a problem because being away from the worksite for learning new skills in foreign countries may conflict with employment requirements.
Given the rapidly evolving technology and the immense amount of data generated daily, it is clear that researchers need to dedicate themselves to dynamic collaborations that extend beyond academia, beyond a single position, and beyond one country in order to advance their studies and uphold U.S. leadership in the field of XXX biology. Therefore, permanent residence with a NIW is essential to pursue challenging research endeavors. In essence, the job offer requirement is impractical for scientists like myself, limiting the freedom to conduct research. I firmly believe that the NIW should be granted for my proposed endeavor, given its national urgency and significance.
Having served as a XXX in a XXX unit in the Republic of Korea Army, I deeply understand the importance of the U.S.-South Korea alliance in defending against threats from the North. Throughout my military service, I consistently emphasized the significance of the U.S. as a global leader in maintaining peace and security. While my current focus is on XXX biology research, I see it as an indirect continuation of my commitment to enhancing U.S. national security, which in turn strengthens U.S. leadership. Therefore, I am eager for the opportunity to establish permanent residence in the U.S., where I can contribute to both the nation and the field of XXX biology.
Sincerely,
JOHN DOE
HOME:
XXX ST XXX
XXX, MA 02155
WORK:
xx xx ST ROOM xxx,
xxx, xx 00000
Email: xxx@xx.XXX.EDU
Tel: 123-444-4444
List of Exhibits
Exhibit 1. Dr. DOE's Curriculum Vitae (CV) | p.77 |
Exhibit 2. PhD Diploma and Transcript | p.80 |
Exhibit 3. PhD Dissertation (https://xxx) | p.86 |
Exhibit 4. XXX University Rankings (U.S. News) | p.94 |
Exhibit 5. XXX University Rankings (Times Higher Education) | p.99 |
Exhibit 6. XXX University Rankings (QS Top Universities) | p.103 |
Exhibit 7. Bachelor's Degree Certificate and Transcript | p.107 |
Exhibit 8. Seoul National University Rankings (Times Higher Education) | p.112 |
Exhibit 9. Seoul National University Rankings (QS Top Universities) | p.115 |
Exhibit 10. XXX Institute postdoc position offer letter and pay stubs (3 months) | p.118 |
Exhibit 11. XXX Institute Rankings (SCImago Institutions Rankings) | p.123 |
Exhibit 12. American Society of XXX Biology membership | p.127 |
Exhibit 13. XXX XXX impact factor (Clarivate) | p.131 |
Exhibit 14. DOE et al., XXX XXX (2019) | p.137 |
Exhibit 15. XXX Author Profile (XXXae Profile) | p.139 |
Exhibit 16. XXX impact factor (Clarivate) | p.141 |
Exhibit 17. U.S. per capita loss-adjusted vegetable availability, 2019 (USXX) | p.147 |
Exhibit 18. The xxx market potential for XXXes (xxx, Ministry of xxx of the xxx) | p.149 |
Exhibit 19. Journal of XXX impact factor (Clarivate) | p.158 |
Exhibit 20. Google Scholar profile | p.164 |
Exhibit 21. List of Countries of Authors citing Dr. DOE's publication (17 foreign countr.) | p.166 |
Exhibit 22. DOE et al., XXX (20xx) | p.184 |
Exhibit 23. XXX et al., Jounral of XXX (2023) | p.187 |
Exhibit 24. List of Peer-Reviewed Manuscripts and Correspondence emails | p.190 |
Exhibit 25. XXX XXX Awards | p.220 |
Exhibit 26. USXX Science and Research Strategy 20xx-20xx | p.236 |
Exhibit 27. Definition of 'multi-omics' (NIH News Release) | p.245 |
Exhibit 28. Critical and Emerging Technologies List Update Feb. 2022 (NSTC) | p.248 |
Exhibit 29. Definition of XXX (USXX NAL XXX Thesaurus) | p.258 |
Exhibit 30. Executive Order on Advancing Biotechnology and Biomanufacturing ... | p.260 |
Exhibit 31. National Security Memorandum on Countering Biological Threats, ... | p.265 |
Exhibit 32. FACT SHEET: Biden-Harris Administration Releases Strategy to ... | p.270 |
Exhibit 33. National Security Memorandum on Strengthening the Security and ... | p.276 |
Exhibit 34. FACT SHEET: Biden-Harris Administration Releases National Security ... | p.283 |
Exhibit 35. Example legislative initiatives introduced in the US Congress, related to XXX health | p.287 |
Exhibit 36. Minogue et al., Clinical Chemistry (2019) | p.294 |
Exhibit 37. Notable Contracts: CBRN Protective Gear, Next Gen Sequencing | p.296 |
Exhibit 38. XXX Institute (XXX) Rankings (SCImago Institutions Rankings) | p.299 |
Exhibit 39. XXX Institute postdoc position offer letter | p.303 |
Exhibit 40. Certificate of Financial Support from XXX Scholarship ... | p.306 |
Exhibit 41. William G. Kaelin Jr., Nature (2017) | p.308 |
Exhibit 42. XXX et al., Nature Biotechnology (2022) | p.310 |
List of Supporting Letters
Letter 1. XXX XXX (UC XXX) | p. 313 |
Letter 2. XXX (XXX University) | p. 319 |
Letter 3. XXX XXX (University of XXX) | p. 324 |
Letter 4. XXX XXX (University of XXX) | p. 328 |
Letter 5. XXX XXX (XXX University) | p. 333 |
Letter 6. XXX XXX (XXX Medical School, XXX) | p. 340 |
Letter 7. XXX XXX (XXX, XXX Institute) | p. 344 |
Letter 8. XXX XXX (XXX, XXX University) | p. 353 |
