sustained EB-2 NIW Case: Biochemistry

U.S. Citizenship 
and Immigration 
Services 
In Re: 11913840 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY 25, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a biochemistry researcher, seeks second preference 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 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 Petitioner 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 he 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 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 Petitoner qualifies as a member of the professions holding an advanced 
degree. 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 working as "a postdoctoral fellow in the Department of 
Biochemist at the Universi I t4 The record indicates that his duties involved "research 
~.__----.--------..----'· .. to develop novell !analogues to maintain normall 
L__J levels · .__ ____ _.patients ." For the reasons discussed below, we conclude 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 he intJnds tQ continue his work "develo]lin2 useful! I I land ultra-fast-acting.__ ____ __,~o treatl 1- ... I plan to focus on 
medicinal chemistry to develop new synthetic methodologies to achieve existing and unknown 
bioactive compounds and medicines more easily." In response to the Director 's request for evidence 
(RFE), the Petitioner reiterated that his proposed research is aimed at "developing newl I 
analogues such a~ ~r the treatment o~L..._....------,----1 He explained that his undertaking 
involves "[ d]esign, synthesis and characterizations of Lr----derivatives with! I 
properties" and "[i]n vivo determination of optimized ~--derivatives in I I mice." The 
Petitioner further stated that he plans to engage in research focused on determining I "the 
1 
pharmacokinetic ~propertrs of the I I analogs in I mice," validating 
responsiveness o derivatives in streptozotocin-inducedlmice," and validating 
derivatives in maintainin He also asserted that he intends to undertake research 
aimed at validating derivatives in reducing risks of I ~nd i lclamp 
studies to measure in vivo activity ofc=]derivatives ." 
In his decision denying the petition, the Director determined that the Petitioner had not demonstrated 
the national importance of his proposed endeavor. The Director stated that the Petitioner had not shown 
that the potential prospective impact of his proposed endeavor stands to "have a broad impact" or 
"nationa l or global implications within the field." 
3 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
4 As the Petitioner is applying for a waiver of the job offer requirement , it is not necessary for him to have a job offer from 
a specific employer . However, we consider information about this position to illustrate the capacity in which he intends 
to work in order to determine whether his proposed endeavor meets the requirements of the Dhanasar framework. 
3 
To satisfy the national importance requirement, the Petitioner must demonstrate the "potential 
prospective impact" of his work. As evidence that the benefit of his proposed research has broader 
implications in the field, the Petitioner rovided letters of support discussing how his undertaking 
stands to advance! !treatments fo atients. For instance! ~rofessor 
of Medicine and Biochemistry at Universityt------.---' explained that the Beneficiary's proposed 
research is aimed at the development of viable~_~treatments that are both "efficient" and "long­
lasting," and that have the potential to "reduce health risks and complications associated with 
I t The Petitioner also submitted information about I I and its 
adverse effect on U.S. public health. 5 Furthermore, the Petitioner has submitted documentation 
indicating that the benefit of his proposed research has broader implications for the field, as the results 
are disseminated to others in the field through scientific journals. As the Petitioner has demonstrated 
both the substantial merit and national importance of his proposed research, 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 Petitioner. The record includes 
his curriculum vitae, academic records, published articles, peer review activity, and documentation of 
numerous articles that cited to his research findings. In addition, the Petitioner offered reference letters 
describing his expertise in biochemistry research and his past record of success in that field. Several 
elpert references identify specific examples of how the Petitioner's research involving the development 
of derivatives has affected his field. As corroborating documentation regarding the significance of 
his work, the Petitioner provided citation evidence showing that his published work has been frequently 
cited by independent researchers, and that the rate at which his work has been cited is high relative to 
others in the field. His experience and expertise as a biochemist, published articles, citation evidence, 
record of success contributing to various research projects, and progress in his field position him well 
to advance his proposed endeavor. Accordingly, the record supports the Director's determination that 
the Petitioner 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 a biochemist, the Petitioner possesses considerable e
1
pe
1
ence and expertise in research 
relating to the development of novel synthetic methodologies and derivatives. The record also 
demonstrates the widespread public health benefits associated with research progress in improvin~ I 
treatments forl I patients. In addition, the Petitioner has documented his past successes in 
synthesizing molecular compounds and publishing influential research findings. Based on the Petitioner's 
track record of successful research and the significance of his proposed work to advance U.S. public 
health 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. 
5 Ear example the record includes information from thelL...----------r--~I i~u~di~c~ai:ing that I I I I of the population. had I I in 2015 and that the disease J I leading cause of death 
in the United States." 
4 
III. CONCLUSION 
The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical framework. We 
conclude that he has established he is eligible for and otherwise merits a national interest waiver as a 
matter of discretion. 
ORDER: The appeal is sustained. 
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