sustained EB-2 NIW Case: Biochemistry

U.S. Citizenship Non-Precedent Decision of the 
and Immigration Administrative Appeals Office 
Services 
In Re: 26762198 Date: MAY 11, 2023 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner seeks second preference immigrant classification, 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 Texas Service Center denied the petition, concluding that the record did not 
establish that the Petitioner is eligible for or otherwise merits a national interest waiver as a matter of 
discretion. 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 of Christo 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de nova 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. Section 203(b)(2)(B)(i) of the Act. 
Once 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 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. 
II. ANALYSIS 
The Director concluded that the Petitioner qualifies as a member of the professions holding an 
advanced degree.2 The remaining 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. 
For the first prong of the Dhanasar framework, the Director determined that the Petitioner's endeavor 
has substantial merit and is of national importance. Upon review of the record, we agree that the 
Petitioner has established that he meets the first prong of the Dhanasar framework. 
A. Well Positioned to Advance the Proposed Endeavor 
The second prong shifts the focus from the proposed endeavor to the individual. To determine whether 
an individual is well positioned to advance the proposed endeavor, we consider factors including, but 
not limited to 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. Dhanasar, 26 l&N 
Dec. at 890. 
The Director determined that, after consideration of these factors, the evidence submitted did not 
establish that the Petitioner was well positioned to advance the proposed endeavor. Upon de nova 
review, we conclude that the record does establish that the Petitioner is well positioned to advance his 
proposed endeavor. 
The record includes the following: the Petitioner's curriculum vitae; academic records3; 
recommendation letters from his colleagues; independent references from professors atl I 
University, University! IUniversity of !University; multiple 
published journal papers co-authored by the Petitioner; citation records for his journal papers; research 
papers, scientific books, and databases referencing the Petitioner's work; records ofresearch projects 
the Petitioner worked on that were funded by NIH and the U.S. Department of Justice; news articles 
relating to the Petitioner's research; and apatent for the Petitioner's research. 
The Petitioner plans to continue working as a postdoctoral associate with Duniversity Medical 
Center to advance his endeavor. The record includes a letter of recommendation from his colleague, 
professor of surgery at University Medical Center, explaining he has 
worked with the Petitioner on several federal grants and describes the accomplishments of the 
Petitioner's research projects while working at University Medical Center. I details 
the Petitioner's "instrumental" involvement in a NIH funded research project studying aptamers for 
2 The Petitioner received a doctor in philosophy (Ph.D.) in biochemistry from, University in 2019. 
3 For purposes of assessment under the second prong, USCIS considers an advanced degree in the fields of science, 
technology, engineering, and mathematics (STEM) tied to the proposed endeavor and related to work furthering a STEM 
area important to U.S. competitiveness or national security an especially positive factor to be considered along with other 
evidence. See generally 6 USCIS Policy Manual F.5(D)(2), https:///www.uscis.gov/policy-manual. 
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its use in the cardiovascular disease field. I I believes the research found a potential use of 
aptamers as therapeutic agents to control blood clotting, which would help patients with COVID-19 
and other conditions associated with blood clotting, as well as patients undergoing heart surgeries. 
A letter froml I, associate professor of chemistry and biochemistry at I 
University, attests to the Petitioner's abilities as a biological science researcher. !describes 
the Petitioner's contributions to research projects related to "aptamer isolation, engineering, and 
biosensor development for drug detection", and "toward the isolation of functionalized aptamers and 
nucleic acid-based catalysts" for pharmacology applications. Specifically, his work contributed to 
discovering rapid cocaine detection. The record indicates the Petitioner's projects at I I I I University resulted in publication of the research, numerous citations in scientific 
journals, references to the project in other research articles, it being a foundation for other research 
projects, and patenting an invention for rapid test cocaine detection. I lalso explains that the 
Petitioner's work has applications in a variety of fields, "including clinical medicine, drug delivery, 
food safety, and environmental protection", and "he possesses both the skill and expertise to excel in 
the topics of aptamer isolation, engineering, and biosensor development for pharmacology 
applications." 
Independent reference letters from experts in the field of biochemistry attest to the importance of the 
publication of articles authored by the Petitioner in reputable journals. I I professor in 
the department of chemistry at I I Institute for Nanotechnology at University of I 
Canada, praises the Petitioner's work in aptamers engineering research and acknowledges benefiting 
from his work having highlighted the Petitioner's research in his published articles. 
The letters emphasize the Petitioner's research work being recognized nationally and internationally 
and having an impact on the biological science research community and the healthcare industry. The 
letters, supported by other evidence in the record, indicate the Petitioner's journal papers receiving 
significant citations, thereby showing his work has been highly cited and utilized by other researchers. 
The record demonstrates that the Petitioner's education, his experience and accomplishments in his 
STEM field, the significance of his roles in research projects, and the interest and funding from 
government entities are relevant, probative, and material proof of being well positioned to advance the 
proposed endeavor. 
Accordingly, we find the Petitioner has demonstrated that he satisfies the second prong of the 
Dhanasar framework. 
B. Whether on Balance a Waiver is Beneficial 
The third prong requires a 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, we may evaluate factors such as: whether, in light of the nature of the individual's 
qualifications or the proposed endeavor, it would be impractical either for them to secure a job offer 
or to obtain a labor certification; whether, even assuming that other qualified U.S. workers are 
available, the United States would still benefit from their contributions; and whether the national 
interest in their contributions is sufficiently urgent to warrant forgoing the labor certification process. 
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In each case, the factor(s) considered must, taken together, establish 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. 
Dhanasar, 26 l&N Dec. at 890-91. 
USCIS considers the following combination of facts contained in the record to be a strong positive 
factor: possession of an advanced degree in science, technology, engineering, or mathematics 
(STEM); engagement in work furthering a STEM area important to U.S. competitiveness; and that the 
individual is well positioned to advance the proposed STEM endeavor of national importance.4 
The Director determined that the Petitioner had not satisfied the third prong of the Dhanasar 
framework. Upon de nova review, we conclude that the waiver of the labor certification requirement 
for the Petitioner would, on balance, be beneficial to the United States. 
The evidence demonstrates that, as a biochemist researcher with a record of published influential 
research projects advancing drug detection, drug delivery, and therapies for diseases, the Petitioner 
possesses experience and expertise in his STEM field. The evidence also demonstrates the public 
health benefits associated with the Petitioner's progress with aptamer research to advance drug 
detection, drug delivery, and treatment methods for blood clotting. In addition, letters from experts in 
the field provide a reasoned analysis of why the labor certification process is not well suited for 
discovering highly skilled scientists and researchers. Based on the Petitioner's history of successful 
research and the significance of his proposed work to advance U.S. scientific and public health 
interests, we conclude that he offers contributions of such value that, on balance, they would benefit 
the United States even assuming other qualified U.S. workers are available. 
Accordingly, we hereby withdraw the Director's decision and find the Petitioner has demonstrated 
that he satisfies the third prong of the Dhanasar framework. 
Ill. 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. 
4 See generally 6 USCIS Policy Manual, supra at F.5(D)(2). 
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