The following are from what I wrote for my petition:
3.4. Labor Certification Would Adversely Affect the National Interest
It would be contrary to the national interest to deprive the prospective employer of Dr. xxxx’s services by making available to minimally qualified U.S. workers the position that Dr. xxxx seeks. He is playing a pivotal role in the elucidation of the molecular and genetic mechanisms of G protein xxxxxxx. Dr. xxxx is far better qualified than a minimally qualified U.S. worker to perform this work, because he is uniquely qualified in this extremely important area critical to cancer research and other diseases. To date, he has already demonstrated that G protein xxxxxxxx not only regulates signaling, but also regulates differentiation and development, and the deletion of xxxxx in xxxxxxx results in more severe defects in differentiation and development than in signaling. His research endeavors have provided novel insights into potential pathways leading to the design of better drugs against cancer and other diseases. These pivotal research findings have advanced the understanding of G protein xxxx in a number of human diseases, including cancer and Alzheimer’s, among others. Dr. xxxxxx’s expertise in biophysical, biochemical, genetic, genomic, informatics, and molecular biology techniques and his extensive experience in G protein xxxxxx research render him an indispensable asset in Dr. xxxxxx’s research team. As noted by Dr. xxxxxx(See Document #N), losing him will absolutely result in the delay of small G protein xxxxxx research, funded by the National Institutes of Health, and seriously interfere with scientific progress in this critical field.
Dr. xxxx will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. We, therefore, believe that Dr. xxxx’s unique qualifications make his case appropriate for the granting of a national interest waiver under Matter of New York Department of Transportation. That case indicated that a petition should be granted where the petition demonstrates that it will suffer a “substantial disruption” if a national interest waiver is not granted and the petitioner is required to test the U.S. labor market through the labor certification process. Here, the petitioner has shown that such a substantial disruption will occur -- and the results of such a disruption could lead to
In addition, as extensively discussed above, Dr. xxxx is also substantially more skilled than a minimally qualified U.S. worker in this field, and has broad knowledge in molecular biology, biochemistry, bioinformatics, biophysics, cell biology, genetics and genomics, making him uniquely suitable for this job to conduct G protein xxxxxx research at xxxxxxx University.
3.5. Not Seeking a National Interest Waiver Based Solely on a Shortage of Qualified Workers in the Field
Clearly, there is no shortage of research scientists in the United States and this petition is not being submitted solely in an attempt to circumvent the labor certification process. As documented in the enclosed materials, however, Dr. xxxx has a past history of demonstrable achievement in his field, and is required for the G protein xxxxx research that he is currently conducting at xxxxxxx University.
3.4. Labor Certification Would Adversely Affect the National Interest
It would be contrary to the national interest to deprive the prospective employer of Dr. xxxx’s services by making available to minimally qualified U.S. workers the position that Dr. xxxx seeks. He is playing a pivotal role in the elucidation of the molecular and genetic mechanisms of G protein xxxxxxx. Dr. xxxx is far better qualified than a minimally qualified U.S. worker to perform this work, because he is uniquely qualified in this extremely important area critical to cancer research and other diseases. To date, he has already demonstrated that G protein xxxxxxxx not only regulates signaling, but also regulates differentiation and development, and the deletion of xxxxx in xxxxxxx results in more severe defects in differentiation and development than in signaling. His research endeavors have provided novel insights into potential pathways leading to the design of better drugs against cancer and other diseases. These pivotal research findings have advanced the understanding of G protein xxxx in a number of human diseases, including cancer and Alzheimer’s, among others. Dr. xxxxxx’s expertise in biophysical, biochemical, genetic, genomic, informatics, and molecular biology techniques and his extensive experience in G protein xxxxxx research render him an indispensable asset in Dr. xxxxxx’s research team. As noted by Dr. xxxxxx(See Document #N), losing him will absolutely result in the delay of small G protein xxxxxx research, funded by the National Institutes of Health, and seriously interfere with scientific progress in this critical field.
Dr. xxxx will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. We, therefore, believe that Dr. xxxx’s unique qualifications make his case appropriate for the granting of a national interest waiver under Matter of New York Department of Transportation. That case indicated that a petition should be granted where the petition demonstrates that it will suffer a “substantial disruption” if a national interest waiver is not granted and the petitioner is required to test the U.S. labor market through the labor certification process. Here, the petitioner has shown that such a substantial disruption will occur -- and the results of such a disruption could lead to
In addition, as extensively discussed above, Dr. xxxx is also substantially more skilled than a minimally qualified U.S. worker in this field, and has broad knowledge in molecular biology, biochemistry, bioinformatics, biophysics, cell biology, genetics and genomics, making him uniquely suitable for this job to conduct G protein xxxxxx research at xxxxxxx University.
3.5. Not Seeking a National Interest Waiver Based Solely on a Shortage of Qualified Workers in the Field
Clearly, there is no shortage of research scientists in the United States and this petition is not being submitted solely in an attempt to circumvent the labor certification process. As documented in the enclosed materials, however, Dr. xxxx has a past history of demonstrable achievement in his field, and is required for the G protein xxxxx research that he is currently conducting at xxxxxxx University.
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