sustained EB-2 NIW Case: Biomedical Engineering

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: NOV. 16, 2023 In Re: 28962792 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a biomedical engineer, seeks second preference immigrant classification as a member 
of the professions holding an advanced degree or as an individual of exceptional ability, as well as a 
national interest waiver of the job offer requirement attached to this EB-2 classification. 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 the Petitioner had not 
established eligibility for a waiver of the required job offer, and thus of the labor certification, would 
be in the national interest. 1 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 Christa's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, 
we will sustain the appeal. 
To establish eligibility for a national interest waiver, petitioners must 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. In addition, 
petitioners must show the merit of a discretionary waiver of the job offer requirement "in the national 
interest." Section 203(b )(2)(B)(i) of the Act. Matter ofDhanasar, 26 l&N Dec. 884, 889 (AAO 2016) 
provides that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion2, grant 
a national interest waiver if: 
• 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. 
1 The Director 's decision does not indicate a determination on the Petitioner 's qualification for the underlying immigrant 
classification . However, the record shows the Petitioner 's eligibility as a member of the professions holding an advanced 
degree. 
2 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). 
Regarding the national interest waiver, the Petitioner intends to conduct research and develop cell and 
gene therapies. The first prong relates to substantial merit and national importance of the specific 
proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Director found the Petitioner established 
eligibility for both aspects of this prong, and we agree with the Director's determination. Although 
the Director decided the Petitioner did not satisfy the second and third prongs, the record does not 
support this conclusion. 
The second prong shifts the focus from the proposed endeavor to the Petitioner. Dhanasar, 26 I&N 
Dec. at 890. The record includes his curriculum vitae, academic records (including his Ph.D. and 
Master of Science degree), published works, public and private-fonded research grants, peer review 
activity, and documentation of numerous articles that cited to his research findings. 3 In addition, the 
Petitioner offered reference letters describing his expertise and his past record of success in that field. 
Several expert references identify specific examples of how the Petitioner's research progress has 
affected his field. As corroborating documentation regarding the significance of his work, the Petitioner 
provided 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, 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 Petitioner has demonstrated that he satisfies the second prong of the Dhanasar framework. 
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. Dhanasar, 26 I&N Dec. at 890. 4 As a biomedical engineer and researcher with both a 
Ph.D. and Master of Science degree, the Petitioner possesses considerable experience and expertise. The 
record also demonstrates the widespread benefits associated with research in gene and cell therapies. In 
addition, the Petitioner has documented his past successes in advancing research 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. 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. The Petitioner, therefore, meets the third prong of the Dhanasar framework. 
For the reasons discussed above, the Petitioner has met the requisite three prongs set forth in the Dhanasar 
analytical framework. Accordingly, the Petitioner merits a national interest waiver as a matter of 
discretion. 
3 "USCIS considers an advanced degree, particularly a Doctor of Philosophy (Ph.D.), in a STEM field tied to the proposed 
endeavor and related to work fu11hering a critical and emerging technology or other STEM area important to U.S. 
competitiveness or national security, an especially positive factor to be considered along with other evidence for purposes 
of the assessment under the second prong." See 6 USCIS Policy Manual F.5(D)(2), https://www.uscis.gov/policy-manual. 
4 When evaluating the third prong, USCTS considers the following combination of facts contained in the record to be a 
strong positive factor: 
• The person possesses an advanced STEM degree, particularly a Ph.D.; 
• The person will be engaged in work furthering a critical and emerging technology or other STEM area important 
to U.S. competitiveness; and 
• The person is well positioned to advance the proposed STEM endeavor of national importance. 
See USC1S Policy Manual, supra, at F.5(D)(2). 
2 
ORDER: The appeal is sustained. 
3