sustained EB-2 NIW Case: Battery Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 25803065 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 17, 2023 
Form 1-140, Immigrant Petition for Alien Workers (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a battery cell engineer, 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 eligibility for a national interest waiver under the Dhanasar framework. 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 a/Christa 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de nova review, 
we will sustain the appeal. 
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. Section 203(b)(2)(B)(i) of the Act. 
Once a petitioner demonstrates eligibility as either a member of the professions holding an advanced 
degree or an individual of exceptional ability, 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 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 discretion1, 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 
1 See also Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest 
waiver to be discretionary in nature). 
• On balance, waiving the job offer requirement would benefit the United States. 
The Petitioner qualifies for the underlying classification as an advanced degree professional. The 
evidence demonstrates he earned a Doctor of Philosophy degree from a U.S. university. On appeal, 
the Petitioner asserts that the Director did not analyze the Petitioner's evidence and provided generic 
language in a templated request for evidence (RFE) and final decision. We agree. 
By a preponderance of the evidence, the Petitioner has established the substantial merit and national 
importance of his proposed endeavor. He provided a detailed and consistent statement of his endeavor, 
including the future research he proposes to undertake and how it has the potential to impact clean 
energy transportation and battery system safety. In addition, the Petitioner provided a sufficiently 
detailed explanation of how his past research added to a body of knowledge that has national or even 
global implications. He supported his statements with corroborating evidence, including a strong 
publication and citation history, as well as evidence that others have built upon the Petitioner's findings 
in furtherance of the field. Further, the Petitioner provided articles and reports that reinforced how his 
research would have broader implications and an impact rising to the level of national importance. 
Based upon his education, knowledge, experience, and record of success in similar research, we also 
conclude the Petitioner sufficiently established that he is well positioned to advance the proposed 
endeavor. He described his plan for future research and supplemented this with credible details 
concerning his progress towards those initiatives, including the support his current employment 
position offers him in this area. Academic acquaintances and professionals in the field provided well­
written and detailed accounts of the Petitioner's past and current work. In addition, the Petitioner is a 
named inventor on several patents related to his research. 
The Petitioner established by a preponderance of the evidence that it would be beneficial for the United 
States to waive the requirements of a job offer and labor certification. We reviewed the totality of the 
evidence and conclude that, on balance, the importance and potential of his proposed endeavor work, 
his professional qualifications, and his demonstrated past success, combine to sufficiently establish 
that his prospective contributions will benefit the United States even if other qualified workers are also 
available. In summary, the Petitioner has adequately presented information and evidence to warrant 
foregoing the labor certification process. 
The Petitioner has established he is eligible for and merits a national interest waiver. 
ORDER: The appeal is sustained. 
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