dismissed EB-2 NIW Case: Quantum Mathematics

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: SEP. 13, 2024 In Re: 33387557 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a researcher within the field of quantum mathematics, seeks employment-based second 
preference (EB-2) 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 classification. 
See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § l 153(b)(2). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not 
established eligibility for a waiver of the required job offer, and thus of the labor certification, would 
be in the national interest. The Director subsequently dismissed a motion to reopen and reconsider 
and 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 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 1 
I. LAW 
To qualify for the underlying EB-2 visa classification, a petitioner must establish they are an advanced 
degree professional or an individual of exceptional ability in the sciences, arts, or business. Section 
203(b )(2)(A) of the Act. 
If a petitioner establishes eligibility for the underlying EB-2 classification, they must then demonstrate 
that they merit a discretionary waiver of the job offer requirement "in the national interest." 
Section 203(b )(2)(B)(i) of the Act. While neither the statute nor the pertinent regulations define the 
term "national interest," Matter of Dhanasar, 26 l&N Dec. 884, 889 (AAO 2016), provides the 
framework for adjudicating national interest waiver petitions. Dhanasar states that U.S. Citizenship 
and Immigration Services (USCIS) may, as matter of discretion, 2 grant a national interest waiver if 
the petitioner demonstrates that: 
1 Electronic records reflect that USCIS approved a subsequently filed EB-1 visa petition. 
2 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Ninth , Eleventh , and D.C. Circuit Courts (and Third 
• 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. 
Id. 
II. ANALYSIS 
The Director determined that the Petitioner qualifies for EB-2 classification as a member of the 
professions holding an advanced degree. The issue before us is whether the record establishes that a 
waiver of the job offer requirement, and thus of a labor certification, would be in the national interest. 
Based on our de novo review of the record, we conclude the Petitioner has not sufficiently 
demonstrated eligibility for the national interest waiver because he does not meet the requirements for 
the first prong of the Dhanasar framework. 
The first prong in the Dhanasar analysis, substantial merit and national importance, focuses on the 
specific endeavor that the individual proposes to undertake. The endeavor's merit may be 
demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, 
health, or education. Dhanasar, 26 I&N Dec. at 889. The Petitioner provided business and 
governmental background materials describing the relevance of quantum mathematics reflecting that 
the endeavor falls within one or more of the areas contemplated by the substantial merit criteria of the 
first prong in the Dhanasar analysis. 
In determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. Id. The Petitioner explained that he will use his "mathematics physics skills to 
resolve quantum systems and to find optimal solutions for gate synthesis." At the time of filing the 
petition, the Petitioner had obtained a masters degree from the a second masters 
from the and was awarded the prestigious _____ 
Fellowship. In response to the request for additional evidence (RFE) he submitted documentation to 
demonstrate that he recently completed his PhD in applied mathematics from the I I 
However, the PhD was obtained after filing the petition. The Petitioner must 
establish all eligibility requirements for the immigration benefit have been satisfied from the time filing 
and continuing through adjudication. See 8 C.F.R. § 103.2(b )(1), (12); Matter ofKatigbak, 14 I&N Dec. 
45, 49 (Reg'l Comm'r 1971). 
The Petitioner proposes to continue research into the design and development of propulsion systems 
for potential use in military and civilian technologies such as nano-satellites, rocket-propelled ballistic 
missiles and single-stage-to-orbit vehicles. The Petitioner described his intended employment as a 
researcher as follows: 
I am mainly working on algorithms and applications for quantum systems. I am using 
my mathematics physics skills to resolve quantum systems, and to find optimal 
in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary 
in nature). 
2 
solutions for gate synthesis. This focuses on three key areas which are for the 
advancement, critical for safety and economic protection of US citizens-solving 
Quantum information science problems and exploring localization properties necessary 
for quantum computation. 
He explained that quantum computing is a "modem way of computing that is based on the science of 
quantum mechanics and its unbelievable phenomena. It is a beautiful combination of physics, 
mathematics, computer science and information theory." According to the Petitioner, his research 
would benefit the United States by enhancing national security and defense by allowing the United 
States to maintain its advantage over other nations in the field of hypersonic flight and in the areas of 
the civil space sector. 
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 specific endeavor that the 
foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. 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. 
In the initial filing, RFE response, and the motion to reopen and reconsider, the Petitioner presented 
areas where his research will be beneficial to the United States such as: complex manufacturing 
processes, biology, evolution, developing a cure for cancer, taking steps to reverse climate change, 
and improvements to more reliable navigation and timing systems, communications and more accurate 
healthcare imaging. He also provided governmental reports on the importance of quantum science 
and articles regarding the speed of quantum computing. However, the record lacks specific details as 
to how he will conduct his research in the general areas where he asserts quantum mathematics is 
beneficial and also how his own research would impact these various fields. The Petitioner's broad 
statements about the various issues of concern that he plans to address and general information about 
quantum science offer little insight into the specific endeavor that he intends to pursue in the United 
States. 
The expert letters from current and former colleagues included in the record outline the Petitioner's 
past work accomplishments and the government's interest in his research, but only vaguely mention 
his future endeavors. The Director of the I I notes that the Petitioner's "exceptionally broad 
research is rooted in his training in the application of mathematical physics theories that address a 
wide spectrum of quantum challenges." She continues "His research represents a vital stride in the 
ability to perform simulations on 'Noisy Intermediate Scale Quantum' (INISQ) processors - the 
current quantum processors that are heavily prone to errors and noise." Another recommendation 
letter from a preeminent expert in quantum software and systems stated that the Petitioner's quantum 
error correction (QEC) techniques he developed ensure the accuracy of quantum computations which 
is particularly vital because quantum computers aim to tackle complex problems such as optimization, 
cryptography and materials science. This expert also explained that the Petitioner's "work in quantum 
error correction aligns with the overarching goal of securing quantum-secure communication channels 
and that by eliminating errors and vulnerabilities in these systems, his research fortifies the integrity 
and confidentiality of quantum-secure communication." The expert contends that the Petitioner's 
research is nationally important because it enhances the protection of classified data and ensures secure 
3 
military communication. While these and other letter writers hold the Petitioner in high regard, the 
submitted letters do not substantiate the nature of the specific endeavor that the Petitioner intends to 
engage in or explain the Petitioner's work with sufficient specificity to make clear the national 
importance of his proposed work under the Dhanasar 's first prong. 
Although the Petitioner contends that the record demonstrates the importance of various national and 
government initiatives to bring talent to the field of quantum computing and the role this discipline 
will play in the country's infrastructure and security, the matter here is not whether these initiatives 
are nationally important. Rather, the Petitioner must demonstrate the national importance of his 
specific, proposed endeavor of conducting research in quantum mathematics. 3 
We conclude that without more information about the specific proposed endeavor and details about 
how the Petitioner will apply his knowledge and experience in the United States, the Petitioner has not 
established his proposed endeavor sufficient for us to determine that his work in the United States will 
have national importance. In determining whether an individual qualifies for a national interest 
waiver, we must rely on the specific proposed endeavor to determine whether it has national 
importance under the Dhanasar 's first prong. It is the Petitioner's burden to prove by a preponderance 
of evidence that it is qualified for the benefit sought. Matter of Chawathe, 25 I&N Dec. at 376. In 
evaluating the evidence, eligibility is to be determined not by the quantity of evidence alone but by its 
quality. Id. The Petitioner has not done so here. 
III. CONCLUSION 
As the Petitioner has not met the 
requisite first prong ofthe Dhanasar analytical framework, we conclude 
the Petitioner has not demonstrated eligibility for or otherwise merits a national interest waiver as a 
matter of discretion. The appeal will be dismissed for the above stated reasons, with each considered 
as an independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
3 The Petitioner's arguments and evidence relate to the substantial merit aspect of the proposed endeavor rather than the 
national importance part. 
4