sustained EB-2 NIW Case: Agricultural Science

U.S. Citizenship 
and Immigration 
Services 
In Re: 84 79844 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 28, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a university, seeks second preference immigrant classification for the Beneficiary 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, concluding that the Beneficiary 
qualified for classification as a member of the professions holding an advanced degree, but that he had 
not established that a waiver of the required job offer, and thus of the labor certification, would be in 
the national interest. 
On appeal, the Petitioner submits additional documentation and a brief asserting that the Beneficiary 
is eligible for a national interest waiver under the Dhanasar framework. 
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 de novo review, we will sustain the appeal. 
I. LAW 
To establish eligibility for a national interest waiver, a petitioner must first demonstrate the 
beneficiary's 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 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). 1 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 2, 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. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
foreign national 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. 
The second prong shifts the focus from the proposed endeavor to the foreign national. To determine 
whether he or she is well positioned to advance the proposed endeavor, we consider factors including, 
but not limited to: the individual's education, skills, knowledge and record of success in related or 
similar efforts; a model or plan for future activities; any progress towards achieving the proposed 
endeavor; and the interest of potential customers, users, investors, or other relevant entities or 
individuals. 
The third prong requires the petitioner to demonstrate 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. In performing 
this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the foreign 
national's qualifications or the proposed endeavor, it would be impractical either for the foreign 
national to secure a job offer or for the petitioner to obtain a labor certification; whether, even assuming 
1 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). 
2 See also Poursina v. USC1S. No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS' decision to grant or 
deny a national interest waiver to be discretionary in nature). 
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that other qualified U.S. workers are available, the United States would still benefit from the foreign 
national's contributions; and whether the national interest in the foreign national's contributions is 
sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) 
considered must, taken together, indicate 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. 3 
II. ANALYSIS 
The Director found that the Beneficiary qualifies as a member of the professions holding an advanced 
degree. 4 The sole issue to be determined is whether the Petitioner has established that a waiver of the 
requirement of a job offer, and thus a labor certification, would be in the national interest. 
At the time of filing, the Petitioner was serving as an assistant professor of agricultural sciences for 
the Petitioner. 5 For the reasons discussed below, we conclude that the Petitioner has established 
eligibility for a national interest waiver under the analytical framework set forth in Dhanasar. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
The Petitioner indicated that the Beneficiary intends to continue his research in agricultural soil 
science. In a letter accompanying the petition, I I Director of the School of Agricultural 
Sciences for the Petitioner, explained that the Beneficiary's proposed research is aimed at curbing 
greenhouse gas emissions from agricultural production systems, making agricultural soils more fertile 
and drought-resistant, using soil management practices to improve water quality, and developing 
organic and biological-based fertilizers. 6 In response to the Director's request for evidence (RFE), the 
Petitioner maintained that the Beneficiary's proposed endeavor involves "research efforts in 
agricultural soil science" and that his undertaking is focused "on soil and its role in maximizing crop 
production, food and water security, and greenhouse gas emissions." 
The Director determined that the Beneficiary 's proposed endeavor has substantial merit, but that the 
Petitioner had not demonstrated its national importance. In denying the petition, the Director 
concluded that the Petitioner had not established that the Beneficiary's "proposed endeavor of assistant 
professor will have a potential prospective impact that rises to a level that can be deemed to be 
nationally important." The Director's decision, however, misstates the Beneficiary's proposed 
3 See Dhanasar , 26 I&N Dec. at 888-91, for elaboration on these three prongs . 
4 The Petitioner received a Ph.D. in Soil Environmental and Atmospheric Science from University I in 2011. ...._ ______ _. 
5 As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for the Beneficiary to have a 
job offer from a specific employer. However, we may consider information about this position to illustrate the capacity in 
which the Beneficiary intends to work in order to determine whether his proposed endeavor meets the requirements of the 
Dhanasar analytical framework. 
6 In addition to discussing the Beneficiary's proposed research endeavor, this letter indicated that the Petitioner's assistant 
professor position involved teaching, assisting with student recruitment, collaborating with government and industry 
partners, advising students in the Agricultural Sciences department , participating in university committee work, and 
supervising graduate student research. Likewise, the record includes an Application for Alien Employment Certification 
(Form ET A-7 50B) indicating that the Beneficiary 's duties as assistant professor include performing independent research, 
collaborating with governmental and industry partners , advising students in Agricultural Sciences, participating in 
university committee work, and teaching courses in soil science. 
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endeavor and ignores the Petitioner's documentation indicating that the Beneficiary plans to continue 
his research in agricultural soil science. 7 
On appeal, the Petitioner contends that the Director "improperly concentrates his entire analysis on 
the Beneficiary's occupation, and specifically, his teaching duties. In doing so, the Director 
completely ignores that the first prong of the Dhanasar framework is prospective, focusing on ... the 
proposed endeavor, and is not limited to [the Beneficiary's] occupation." The Petitioner farther argues 
that the Beneficiary's proposed "research in agricultural soil science has national importance as it 
seeks to curb greenhouse gas emissions, make agricultural soils more fertile, improve water quality, 
and develop organic and biological-based fertilizers." 
To satisfy the national importance requirement, the Petitioner must demonstrate the "potential 
prospective impact" of the Beneficiary's work. As evidence that the benefit of his proposed work has 
broader implications in the soil science field, the Petitioner provided letters of support discussing how 
the Beneficiary's undertaking stands to advance development of methods for improving soil health 
and soil function. 8 For instance.I I a soil scientist with the U.S. Department of Agriculture 
(USDA) Natural Resources Conservation Service (NRCS), explained that the Beneficiary's proposed 
research offers "alternative fertilizer options, improved water quality, and a deeper understanding of 
how the United States can adapt soils effected by extreme conditions." Furthermore, the Petitioner 
has submitted documentation indicating that the benefit of the Beneficiary's proposed research has 
broader implications for the field, as the results are disseminated to others in the field through scientific 
journals and conferences. As the Petitioner has documented both the substantial merit and national 
importance of the Beneficiary's proposed endeavor, we conclude that he meets the first prong of the 
Dhanasar framework. 
B. Well Positioned to Advance the Proposed Endeavor 
The second prong shifts the focus from the proposed endeavor to the Beneficiary. The record includes 
his academic records, peer review activity, published and presented work, and media reports relating 
to him and his research projects. In addition, the Petitioner offered documentation of fonding grants 
received by the Beneficiary's projects, and letters of support discussing his expertise in soil science 
research and his past record of success in that field. As discussed below, the record supports the Director's 
determination that the Beneficiary is well positioned to advance his proposed endeavor. 
7 The Director's RFE specifically acknowledged that "the Beneficiary will be working as a soil science researcher/assistant 
professor." The Director's analysis in the denial decision under Dlzanasar's first prong, however, focused mainly on 
Beneficiary's teaching duties as an assistant professor and ignored the Petitioner's information indicating that his proposed 
endeavor involves agricultural soil science research. While the Director's decision questioned "how much time will be 
devoted to [the Beneficiary's] research," the Director's RFE did not raise this issue and afford the Petitioner an opportunity 
for rebuttal. Regardless, we do not share the Director's concern regarding the amount of time the Beneficiary intends to 
devote to his proposed research. For example, the Petitioner's response to the Director's RFE showed that the Beneficiary 
continues to actively publish and present his soil science research findings and that his ongoing research is being funded 
through grants from the United States Department of Agriculture. 
8 The record also includes articles about the a ricultural indus 's contribution to reenhouse gas emissions,I.__ __ ___, 
'---------------------------------~' the effect of agricultural 
runoff on water quality, and usage of methane digester systems to reduce greenhouse gas emissions. 
4 
Multiple expert references identify examples of how the Beneficiary's work has been utilized in the 
agricultural industry or has otherwise affected the soil science field. For example, with respect to 
utilization of the Beneficiary's work involving adaptation of cover cropsJ I a conservationist 
with USDA-NRCS, stated that the Beneficiary's "research has already been implemented by small 
businesses and farmers throughout thel I region, creating model practices that can be 
implemented throughout the United States." Likewise,! I an agricultural consultant 
and former USDA science adviser, asserted that the Beneficiary "has developed methods of analysis for 
emerging biotechnology crops and the associated chemicals used in agricultural Jroduction within the 
United States" and that" h ]is developments have been sponsored by companies like I I l and " Furthermore, I I professor of soil 
biophysics at~------~University, discussed the Beneficiary's work involving usingl I 
to enhance soil's "water holding capacity and increase water available in the soil during the dry months." 
I !indicated that the Beneficiary's research on the modification and use of 1 ~as helped 
us understand the relationship between soil, water, and soil amendments." 
The record includes additional detailed expert letters describing U.S. Government interest and investment 
in the Beneficiary's research, and documentation showing that he has played a significant role in projects 
funded by grants from the USDA and private enterprises in the field. 9 Thus, the significance of the 
Beneficiary's research in his field is corroborated by evidence of peer and government interest in his 
research, as well as by consistent government and corporate funding of the Beneficiary's research 
projects. We conclude that the Beneficiary's education, experience, and expertise in his field, his record 
of publications and presentations, the significance of his role in multiple research projects, as well as the 
sustained interest of and funding from government and corporate entities, position him well to continue 
to advance his proposed endeavor of agricultural soil science research. Accordingly, the record 
demonstrates that the Beneficiary satisfies the second prong of the Dhanasar framework. 
C. Balancing Factors to Determine Waiver's Benefit to the United States 
As explained above, the third prong requires the petitioner to demonstrate 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. As an assistant professor of agricultural sciences, the Beneficiary possesses considerable 
experience and expertise in soil science, soil microbiology, and agricultural development and production. 
The record also demonstrates the widespread benefits associated with research progress involving soil 
and its role in crop production maximization, food and water security, and greenhouse gas emissions. 
In addition, the Petitioner has documented the Beneficiary's past successes in advancing research 
relating to the development of novel microbial identification techniques, the connection between soil 
microorganisms and atmospheric greenhouse gas concentrations, the utilization o~ I I land reduce greenhouse gas emissions, and the development of efficient ways to convert 
animal waste into energy and organic fertilizer. Based on the Beneficiary's track record of successful 
research and the significance of his proposed work to advance U.S. agricultural interests, we conclude 
that he offers contributions of such value that, on balance, they would benefit the United States even 
assuming that other qualified U.S. workers are available. 
9 The Petitioner provided copies of the Beneficiary's research grants and media reports relating to his funded projects. 
5 
III. CONCLUSION 
As the Petitioner has met the requisite three prongs set forth in the Dhanasar analytical framework, we 
conclude that it has established the Beneficiary is eligible for and otherwise merits a national interest 
waiver as a matter of discretion. 
ORDER: The appeal is sustained. 
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