dismissed EB-2 NIW Case: Plant Research

U.S. Citizenship 
and Immigration 
Services 
In Re: 23987906 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: DEC. 14, 2022 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, a plant researcher, seeks second preference immigrant classification as either an advanced 
degree professional or an individual of exceptional ability in the sciences, arts or business, 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). After a petitioner has established 
eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of 
discretion, 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 wel I 
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. Matter of Dhanasar, 26 
l&N Dec. 884 (AAO 2016). 
The Director of the Texas Service Center denied the petition, concluding that the record did not 
establish the national importance of the proposed endeavor or that a waiver of the requirement of a job 
offer 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 of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de nova. Matter of Christa's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de nova review, 
we will dismiss the appeal. 
I. LAW 
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. 
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 of job 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. 
Section 10l{a)(32) of the Act, 8 USC § 1101(a)(32), provides that "[t]he term 'profession' shall 
include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in 
elementary or secondary schools, colleges, academics, or seminaries." 
The regulation at 8 C.F.R. § 204.5(k)(2) contains the following relevant definitions: 
Advanced degree means any United States academic or professional degree or a foreign 
equivalent degree above that of baccalaureate. A United States baccalaureate degree 
or a foreign equivalent degree followed by at least five years of progressive experience 
in the specialty shall be considered the equivalent of a master's degree. If a doctoral 
degree is customarily required by the specialty, the alien must have a United States 
doctorate or a foreign equivalent degree. 
Exceptional ability in the sciences, arts, or business means a degree of expertise 
significantly above that ordinarily encountered in the sciences, arts, or business. 
Profession means one of the occupations listed in section 101(a)(32) of the Act, as well 
as any occupation for which a United States baccalaureate degree or its foreign 
equivalent is the minimum requirement for entry in the occupation. 
In addition, the regulation at 8 C.F.R. § 204.5(k)(3)(ii) sets forth the specific evidentiary requirements 
for demonstrating eligibility as an individual of exceptional ability. A petitioner must submit 
documentation that satisfies at least three of the six categories of evidence listed at 8 C.F.R. 
§ 204.5(k)(3)(i i). 
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Furthermore, 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 l&N Dec. 884 (AAO 2016). 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). Dhanasar states that after a petitioner has established eligibility for 
EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may grant a national interest 
waiver as matter of discretion. See also Poursina v. USCIS, 936 F.3d 868, 2019 WL 4051593 (9th 
Cir. 2019) (finding USCIS' decision to grant or deny a national interest waiver to be discretionary in 
nature). As a matter of discretion, the national interest waiver may be granted 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. See Dhanasar, 26 l&N Dec. at 888-91, for elaboration on these three 
prongs. 
II. ANALYSIS 
The Director determined that the Petitioner qualifies for the underlying EB-2 classification. The issue 
on appeal is whether the Petitioner has established eligibility for a national interest waiver under the 
Dhanasar framework. While we do not discuss each piece of evidence individually, we have reviewed 
and considered each one. 
The Petitioner plans to continue his research intol I plant propagation. The record contains 
background materials about the benefits of plant propagation and how it has many applications, 
including to food security, pharmaceuticals, and the environment. Regarding the environment, plant 
propagation can assist in rapid reforestation, combatting invasive plants, pest control, and removing 
pollutants from the air. We conclude that research in this area has substantial merit. Nevertheless, the 
Petitioner has not established the national importance of his proposed endeavor. 
Although the Petitioner provided substantial background on the process of plant propagation and what 
it is, he provided little information about his specific proposed endeavor. He stated that he will 
continue his research, but the Petitioner has not explained how this will occur. For instance, the record 
does not indicate whether the Petitioner plans to work for a pharmaceutical company, with a team on 
a farm, in a lab at a university, independently in his own backyard, or in some other capacity. In 
Dhanasar, we held that a petitioner must identify "the specific endeavor that the foreign national 
proposes to undertake." Id. at 889. Without sufficient information concerning the specific proposed 
endeavor, as opposed to the field of plant propagation as a whole, the impact of the proposed endeavor 
is difficult to ascertain. The Director explained that the Petitioner had not offered support for the claim 
that his individual work would have national implications. We agree. 
As stated, the Petitioner highlighted the applicability and importance of plant propagation in various 
sectors, including food security, pharmaceuticals, and the environment. When determining national 
importance, the relevant question is not the importance of the industry or profession in which the 
individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes 
to undertake." See id. at 889. To establish national importance, the Petitioner must demonstrate the 
proposed endeavor's impact, rather than relying upon the importance of plant propagation or its 
applicability. To illustrate by example, if the Petitioner researches independently using his own lab 
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and greenhouse, he would still need to establish how others in the research community would know 
about his results and would accept them as valid. The Petitioner has not established how his research 
adds information to the pool of knowledge already available in this area. 
In Dhanasar, we noted that "we look for broader implications" of the proposed endeavor and that 
"[a]n undertaking may have national importance for example, because it has national or even global 
implications within a particular field." Id. at 889. To support a finding of national importance, the 
Petitioner submitted various letters of recommendation. While one author described the Petitioner's 
research methodology as "groundbreaking" and asserted that the Petitioner "developed protocols" for 
plant propagation, the evidence does not support these conclusions. Generalized conclusory 
statements that do not identify a specific impact in the field have little probative value. See 1756, Inc. 
v. US. Att'y Gen., 745 F. Supp. 9, 15 (D.D.C.1990) (holding that an agency need not credit conclusory 
assertions in immigration benefits adjudications). The evidence does not suggest that the Petitioner's 
methods or protocols differ from or improve upon those already in use. In other words, the evidence 
does not support a finding that his proposed endeavor will have any implications within a particular 
field. 
The Petitioner has not provided sufficient information about his specific proposed endeavor. In 
addition, based on the record as currently constructed, the Petitioner has not established that his work 
stands to impact the broader field or otherwise have implications rising to the level of national 
importance. Therefore, he has not established eligibility for a national interest waiver. 
Ill. CONCLUSION 
The documentation in the record does not establish a specific proposed endeavor, nor does it establish 
the national importance of the proposed endeavor as required by the first prong of the Dhanasar 
precedent decision. Therefore, the Petitioner has not demonstrated eligibility for a national interest 
waiver. Further analysis of his eligibility under the second and third prongs outlined in Dhanasar 
would serve no meaningful purpose. 
Because the identified reasons for dismissal are dispositive of the Petitioner's appeal, we decline to 
reach and hereby reserve remaining arguments concerning eligibility under the Dhanasar framework. 
See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) ("courts and agencies are not required to make 
findings on issues the decision of which is unnecessary to the results they reach"); see also Matter of 
L-A-C-, 26 l&N Dec. 516, 526 n.7 (BIA 2015) (declining to reach alternative issues on appeal where 
an applicant is otherwise ineligible). 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we 
conclude that he has not established he is eligible for or otherwise merits a national interest waiver. 
The appeal will be dismissed for the above stated reasons. 
ORDER: The appeal is dismissed. 
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