remanded EB-2 NIW Case: Cardiovascular Research

U.S. Citizenship Non-Precedent Decision of the
and Immigration Administrative Appeals Office 
Services 
In Re: 26559912 Date: MAY 3, 2023 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a researcher, 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. § 1153(b )(2). 
The Director of the Texas Service Center denied the petition, concluding that the record did not 
establish the substantial merit and national importance of the Petitioner's proposed endeavor, and thus 
that he was eligible for, and did not otherwise merit , a national interest waiver. 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 withdraw the Director's decision and remand the matter for entry of a new decision consistent 
with the following analysis. 
I. LAW 
An advanced degree is any United States academic or professional degree or a foreign equivalent 
degree above that of a bachelor's degree . A United States bachelor's degree or foreign equivalent 
degree followed by five years of progressive experience in the specialty is the equivalent of a master's 
degree. 8 C.F.R. § 204.5(k)(2). 
If a petitioner demonstrates eligibility for the underlying EB-2 classification, they must then establish 
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 I&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 1, grant a national interest waiver if 
the petitioner demonstrates that: 
• 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. 
II. ANALYSIS 
At the time of filing, the Petitioner was an Associate Research Scientist at University. The 
evidence shows that he was awarded a doctoral degree in surgery in 2015 by University. He 
proposes to continue performing clinical research in the mechanism and treatment of cardiovascular 
disease. 
A. Eligibility for the EB-2 Classification 
As stated above, before conducting an analysis of a petitioner's eligibility for a national interest waiver 
under the Dhanasar framework, USCIS must first determine the individual's eligibility for the 
underlying EB-2 immigrant classification. Although the Director indicated in her request for evidence 
(RFE) that the Petitioner holds an advanced degree and no further evidence was needed on this issue, 
an RFE is not a final decision, and she did not address the issue of the Petitioner's eligibility for the 
EB-2 classification in her decision. On remand, the Director should analyze the evidence in the record 
and articulate whether the Petitioner qualifies as a member of the professions holding an advanced 
degree. If the Director determines that the Petitioner does qualify for the EB-2 classification, she 
should then analyze the Petitioner's eligibility for a national interest waiver under the Dhanasar 
framework. 
B. National Interest Waiver 
The first prong of the Dhanasar analysis, which considers the substantial merit and national 
importance of the proposed endeavor, 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. In determining whether the 
proposed endeavor has national importance, we consider its potential prospective impact. Dhanasar, 
26 I&N Dec. at 889. 
In her decision, the Director initially determined that the Petitioner's proposed endeavor was not of 
substantial merit because the record lacked a detailed description of the proposed endeavor, and 
because the record lacks documentary evidence of its substantial merit. However, she later indicates 
that the proposed endeavor does have substantial merit. After review, we conclude that the record 
does sufficiently establish the proposed endeavor's substantial merit. 
1 See also Poursina v. USCJS, 936 F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest 
waiver to be discretionmy in nature). 
2 
Our precedent decision in Dhanasar noted that an endeavor's substantial merit may be established 
without evidence of economic impact, providing the examples of endeavors relating to research, pure 
science, and the furtherance of human knowledge. Id. In this case, the Petitioner articulated his intent 
to continue pursuing clinical research on cardiovascular diseases, and specifically described his 
continuing work in this area funded by the National Institutes of Health. In addition, a letter from his 
scientific advisor at explains the importance of this research to the development of 
pharmaceutical products for the treatment of cardiovascular diseases. As the Petitioner proposes to 
engage in clinical research in the area of health and has provided sufficient details regarding this 
research, we conclude that his endeavor has substantial merit. 
Turning to the national importance of the Petitioner's proposed endeavor, the Director's decision 
contains a critical error which must be addressed on remand. Specifically, in discussing the broader 
implications of the proposed endeavor, she describes a plan to "maximize sales in the housing marker 
[sic]," and concludes that this endeavor's impact would not go beyond the economic benefit to 
individual companies. As the Petitioner's proposed endeavor does not involve the housing market, 
but clinical research of cardiovascular diseases, on remand the Director should consider the evidence 
in the record (including the evidence submitted with the Petitioner's appeal) to determine whether this 
specific proposed endeavor is of national importance. In addition, should the Director conclude that 
the Petitioner's endeavor is of national importance, and thus meets the first prong of the Dhanasar 
framework, she should then evaluate whether the record establishes his eligibility under the second 
and third prongs, and whether he otherwise merits a national interest waiver as a matter of discretion. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
3