dismissed EB-2 NIW Case: Naturopathic Medicine

U.S. Citizenship 
and Immigration 
Services 
In Re: 6785812 
Motion on Administrative Appeals Office Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: FEB. 20, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a naturopathic physician, 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. See Immigration and Nationality Act (the Act) 
section 203(b)(2), 8 U.S.C. § 1153(b)(2). 
The Director of the Nebraska Service Center denied the petition and a subsequent motion, concluding 
that the Petitioner qualified for classification as a member of the professions holding an advanced 
degree, but that she had not established that a waiver of the required job offer, and thus of the labor 
certification, would be in the national interest. The Petitioner appealed the matter to us, and we 
dismissed the appeal. 1 The matter is now before us on motion to reopen. With the motion, the 
Petitioner submits additional documentation and a statement asserting that she is eligible for a national 
interest waiver. 
In these proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit 
sought. Section 291 of the Act, 8 U.S.C. § 1361. Upon review, we will dismiss the motion. 
I. LAW 
A motion to reopen is based on documentary evidence of new facts. The requirements of a motion to 
reopen are located at 8 C.F.R. § 103.5(a)(2). We may grant a motion that satisfies these requirements 
and demonstrates eligibility for the requested immigration benefit. 
To establish eligibility for a national interest waiver, a petitioner must first demonstrate qualification 
for the underlying EB-2 visa classification, as either an advanced degree professional or an individual 
of exceptional ability in the sciences, arts, or business. Because this classification requires that the 
individual's services be sought by a U.S. employer, a separate showing is required to establish that a 
waiver of the job offer requirement is in the national interest. 
1 See Matter ofG-C-L- , ID# 3135063 (AAO May 14, 2019). 
Section 203(b) of the Act sets out this sequential framework: 
(2) Aliens who are members of the professions holding advanced degrees or aliens of 
exceptional ability. -
(A) In general. - Visas shall be made available ... to qualified immigrants who are 
members of the professions holding advanced degrees or their equivalent or 
who because of their exceptional ability in the sciences, arts, or business, will 
substantially benefit prospectively the national economy, cultural or 
educational interests, or welfare of the United States, and whose services in the 
sciences, arts, professions, or business are sought by an employer in the United 
States. 
(B) Waiver ofjob offer-
(i) National interest waiver. ... [T]he Attorney General may, when the Attorney 
General deems it to be in the national interest, waive the requirements of 
subparagraph (A) that an alien's services in the sciences, arts, professions, or 
business be sought by an employer in the United States. 
While neither the statute nor the pertinent regulations define the term "national interest," we set forth 
a framework for adjudicating national interest waiver petitions in the precedent decision Matter of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). 2 Dhanasar states that after a petitioner has established 
eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter 
of discretion 3, grant a national interest waiver if the petitioner demonstrates: (1) that the foreign 
national's proposed endeavor has both substantial merit and national importance; (2) that the foreign 
national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be 
beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. 4 
II. ANALYSIS 
At the time of filing, the Petitioner was working as a naturopathic physician at her private medical 
practice inl I Minnesota. With respect to her proposed endeavor, the Petitioner indicated that 
she intends "to continue to practice naturopathic medicine on patients with cancer and other medical 
conditions or diseases for which treatment options have either been exhausted or not yet explored." 
In our prior decision, we concluded that the Petitioner's proposed clinical work as a naturopathic 
physician did not meet the "national importance" element of Dhanasar' s first prong. We determined 
2 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
3 See also Poursina v. USCIS. No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCTS' decision to grant or 
deny a national interest waiver to be discretionary in nature). 
4 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
2 
that the evidence was insufficient to show that her clinical work would impact the field of naturopathic 
medicine and healthcare industry more broadly, as opposed to being limited to the patients she serves. 5 
On motion, the Petitioner does not offer new facts or evidence relevant to our findings. Instead, she 
provides copies of previously submitted documents 6; information relating to her immigration history 
and request for deferred action; and a letter of support from the couple with whom she currently resides 
attesting to her character and describing her immigration situation. She also presents updated copies of 
her resume, professional memberships, and state medical licenses. 7 This information and evidence, 
however, does not offer broader implications to support a finding of national importance under the 
first prong of the Dhanasar analytical framework. 
In addition, the Petitioner submits a detailed statement discussing her personal motivations, family 
history, interactions with USCIS and U.S. Immigration and Customs Enforcement, and medical practice. 8 
Regarding the national importance of her proposed endeavor, she asserts: 
I have a very unique practice, as you can see, my patients start coming from different 
states besides referring them out of state of [Minnesota] for specific treatments. I truly 
believe based on my unique background, the intensive medical and laboratory training 
that this country has invested in me, and my ability as a naturopathic physician, clinical 
laboratory scientist and medical technologist is recognized through the testimonies of my 
patients and their families, and the accumulative evidence that is enclosed indicates my 
practice is of national importance though could be more significant without immigration 
ordeal. 
While the Petitioner contends that her proposed endeavor involves serving patients from both outside 
and inside Minnesota, as well as referring some of them to out-of-state treatment options, this 
information does not establish that her clinical work offers broader implications for the naturopathic 
medicine field or U.S. healthcare industry more broadly rather than mainly affecting the patients under 
her care. As the Petitioner has not presented new facts or evidence to establish the national importance 
of her proposed endeavor, she has not met Dhanasar's first prong. 
III. CONCLUSION 
The documentation provided in support of the motion to reopen does not overcome the grounds 
underlying our previous decision. As the Petitioner has not met the requisite first prong of the Dhanasar 
analytical framework, we find that she has not established she is eligible for or otherwise merits a national 
interest waiver as a matter of discretion. 
5 Similarly, in Dhanasar, we determined that the petitioner's teaching activities did not rise to the level of having national 
importance because they would not impact his field more broadly. Id. at 893. 
6 For example, the Petitioner resubmits letters of support from various patients explaining how she provided them with 
quality care and improved their health. 
7 The Petitioner's education and medical experience listed in her resume, and her professional memberships and physician 
licenses are considerations under Dhanasar's second prong, which "shifts the focus from the proposed endeavor to the 
foreign national." Id. at 890. The issue under the first prong is whether the Petitioner has demonstrated the national 
importance of her proposed work. 
8 The Petitioner's discussion of her medical practice includes multiple summaries of her clinical work with various patients. 
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ORDER: The motion to reopen is dismissed. 
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