dismissed EB-2 NIW Case: Medical Physics

U.S. Citizenship 
and Immigration 
Services 
In Re: 25733586 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: APR. 14, 2023 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, a nuclear medicine technologist and medical physicist who intends to "join[] a 
diagnostic medical physics residency program" and "[t]hen work as a self-employed diagnostic 
medical physics consultant," seeks second preference immigrant classification as a member of the 
professions holding an advanced degree, as well as a national interest waiver of the job offer 
requirement attached to this EB-2 classification. Immigration and Nationality Act (the Act) 
section 203(b)(2), 8 U.S.C. § 1153(b)(2). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner established 
she was an advanced degree professional , but had not demonstrated that a waiver of the required job 
offer, and thus of the labor certification, would be in the national interest. The matter is now before 
us on appeal. 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
After a petitioner first demonstrates qualification for the underlying EB-2 visa classification, they must 
then demonstrate they merit a discretionary waiver of the job offer requirement "in the national 
interest." Section 203(b )(2)(B)(i) of the Act. Matter of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016) 
provides that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion 1, grant 
a national interest waiver if the petitioner shows: 
• The proposed endeavor has both substantial merit and national importance; 
• The individual is well-positioned to advance their proposed endeavor; and 
• On balance, waiving the job offer requirement would benefit the United States. 
The Director reviewed and analyzed the Petitioner's claims under the three prongs of Dhanasar and 
determined that she only established the substantial merit of her proposed endeavor. On appeal, the 
1 See also Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019) (finding USCIS ' decision to grant or deny a national interest 
waiver to be discretionary in nature) . 
Petitioner submits a brief which generally reiterates the benefits of the medical physicist profession, 
her qualifications, and the impracticality of the labor certification process. But she does not provide 
any new evidence or arguments which overcome the Director's determination. 
Upon review of the entire record, we adopt and affirm the Director's decision. See Matter of Burbano, 
20 I&N Dec. 872, 874 (BIA 1994); see also Giday v. INS, 113 F.3d 230,234 (D.C. Cir. 1997) (noting 
that the practice of adopting and affirming the decision below has been "universally accepted by every 
other circuit that has squarely confronted the issue"); Chen v. INS, 87 F3d 5, 8 (1st Cir. 1996) (joining 
eight U.S. Courts of Appeals in holding that appellate adjudicators may adopt and affirm the decision 
below as long as they give "individualized consideration" to the case.") 
ORDER: The appeal is dismissed. 
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