sustained EB-2 NIW Case: Biomedical Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-M-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 4, 2017 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner 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). After the petitioner has established eligibility for EB-2 
classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, 
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. Matter ol 
Dhanasar, 26 I&N Dec. 884 (AAO 20 16). 
The Director of USCIS's Texas Service Center denied the petition. The Director found 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 a job offer would be in the national interest. 
The matter is now before us on appeal. In his appeal, the Petitioner maintains that he is eligible 
based upon the significance of his research investigating cell biology and electrophysiology of 
neurons. pmiicularly in relation to nanotechnology. 
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: 
Matter of M-M-
(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, mis, 
professions, or business are sought by an employer in the United States. 
(B) Waiver of job offer-
(i) National interest waiver. ... the 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 recently 
set forth a new framework for adjudicating national interest waiver petitions. See Matter of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). 1 Dhanasar clarifies that, after EB-2 eligibility as an 
advanced degree professional or individual of exceptional ability has been established, USCIS may 
grant a national interest waiver if the petitioner demonstrates by a preponderance of the evidence: (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. If these three elements are satisfied, USCIS may approve the national 
interest waiver as a matter of discretion. 
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. 
1 
In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm 'r 1998) (NYSDOT). 
2 
(b)(6)
Matter of M-M-
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 endea~or, 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 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. 2 
II. ANALYSIS 
The Petitioner is a mechanical and biomedical engineer whose research focuses on nano-biotechnology 
and microfluidics, particularly as it relates to gigaseal formation and cell mechanics. He earned a Ph.D 
from the United Kingdom, in 2012. Accordingly, the Director found that 
the Petitioner qualified as a member of the professions holding an advanced degree. The sole issue in 
contention is whether the Petitioner has established that a waiver of the job offer requirement, and thus a 
labor certification, is in the national interest. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
At the time of filing, the Petitioner worked as a postdoctoral research associate at 
where he focused on studying the poroelasticity of the cell interior to understand how cells 
withstand external forces. The record reflects that the Petitioner then joined the 
group, a new international 
initiative involving the collaboration of 13 sites to study the electro-mechano-chemical coupling of 
neurons under various damage loading conditions. This initiative seeks to improve existing clinical 
treatments and provide new insights to the mechanisms of injury for traumatic brain injuries and spinal 
cord injuries, and the Petitioner is tasked with directing the experimental pole of the project. 
In a statement accompanying the filing, the Petitioner explained that he plans to continue his 
electrophysiology research to study the mechanism of gigaseal formation. He explains that "gigaseal 
refers to a high resistance seal between cell membrane and a glass micropipette in patch clamping," a 
technique used in medical and pharmaceutical research. He states that after more than four decades of 
research, understanding the mechanism of gigaseal formation is the "main obstacle" in developing 
automated screening techniques for large numbers of compounds used in the drug discovery process. 
The Petitioner also discusses his aspiration to "develop microscopic and nanoscopic tools" that will 
make it possible to "correlate immediate changes in the signal transmitting abilities of axons to different 
types of injuries." He maintains that his work will lead to the development of medical devices that 
2 See Dhanasar, 26 I&N Dec. at 888-91, for further elaboration on these prongs. 
3 
(b)(6)
Matter of M-M-
permit spontaneous InJUry assessment. The Petitioner states that he has designed a "multi-physic 
experimental rig that for the first time in the world will enable the simultaneous measurement of 
mechanical, chemical and electrical properties of a single neuron under various loading conditions," and 
that the he hopes to complete the project so that the bioengineering and medical communities can 
enhance their knowledge of neuron deformation, growth, and electro-signaling to treat diseases such as 
Alzheimer's disease and epilepsy. The Petitioner submitted .news articles and research describing the 
impact of nanotechnology on treatments for spinal cord and traumatic brain injuries as well as central 
nervous system damage. We find that the Petitioner's proposed work has substantial merit because it 
aims to improve understanding of neuron functions and provide possible avenues of treatment for 
neurological diseases. 
The record also demonstrates that the Petitioner's proposed endeavor is of national importance. The 
Petitioner provided letters from colleagues and independent researchers in the field describing the 
importance of developing nanotechnologies to improve gigaseal formation in patch clamping. They 
explain that the proposed work developing techniques that enable frequent gigaseal formation stands to 
improve the data quality of experiments, which are essential in the fields of drug discovery and drug 
screening for curing diseases. The Petitioner 
also submitted expert letters from professors working in 
the field of nanotechnology, discussing how advancements in cell biology and electrophysiology of 
neurons are leading to better treatments for neurological diseases and traumatic brain injuries. 
B. Well Positioned to Advance the Proposed Endeavor 
The Petitioner submitted his resume, his educational credentials, documentation of his published and 
presented work, evidence of his peer review activities, and reference letters discussing his work in 
the field. As discussed below, we find that the Petitioner's notable experience on high-profile projects 
in the area of nano-biotechnology and his past success in performing influential original research render 
him 
well positioned to advance the proposed endeavor. 
Several of the submitted letters address the significance of the Petitioner's past work on gigaseal 
formation and patch clamping. For example, professor, 
notes that the Petitioner has made vital discoveries to understanding patch clamping techniques, which 
measure currents passing through ion channels in a cell membrane. explains that the 
Petitioner "introduced the latest micro/nanotechnology into patch clamping techniques," and that he is 
the "first researcher" to demonstrate that at the micro/nanoscale. 
describes how the Petitioner's work has been "used and cited by other researchers in ditlerent fields 
from biology to mathematical modeling," and states that as a result of his work, "micropipettes are not 
considered to have smooth surface anymore." He attests that the Petitioner's discovery has "already 
started to change the fabrication process of microchips for planar patch clamping" and that "other 
researchers have used his results to modify their fabrication process to achieve smoother surfaces in 
their microchips." 
honorary professor, agrees that the Petitioner's method for 
polishing micropipettes "will change the surface properties of pipette in nanoscale without changing the 
overall shape of the pipettes," overturning a long-standing belief in the field that "fabricating pipettes by 
4 
(b)(6)
Matter of M-M-
a heating pulling process would produce smooth surfaces." The Petitioner's findings have also been 
referenced in an article published by the the official 
journal of the Similarly, research 
scientist, comments that he has directly used the Petitioner's work on 
gigaseal formation to further his own research. He states that the Petitioner has directly addressed the 
problem of gigaseal formation in patch clamping from a nanotechnology perspective, and "used 
advanced fabrication techniques to improve seal formation." testifies that the Petitioner is the 
"first scientist to utilize nanofabrication techniques to successfully improve gigaseal formation." 
director, 
comments that the Petitioner has also made significant discoveries related to the poroelastic behavior of 
cytoplasm in living cells. He indicates that the Petitioner "used whole cell patch clamping, atomic force 
microscopy and confocal microscopy to measure the peimeability of cytoplasm directly," and that this 
work led to his appointment to lead the experimental phase. 
contends that this project "aims to improve existing clinical treatments 
and provide new insights to the mechanisms of injury," "paying particular attention to traumatic brain 
injuries (TBis ), spinal cord injuries (SCis ), damage mechanics of neurons, and clinical treatment and 
prevention." attests that the Petitioner's '.'wide range of skills and expertise in mechanical 
engineering, nanotechnology, microscopy, cell biology and electrophysiology not only are essential to 
the project, but also make him one of the few people in the country who are able to perform 
experiments at this level." He also explains that, under the Petitioner's leadership, won a 
significant grant from the to continue this work. 
Finally, several experts attest to the positive impact of the Petitioner's work understanding the 
mechanical nature of the material that forms the majority of the body of living cells, the cytoplasm. 
explains that "the rheological properties of cytoplasm 
have generally been described using single phase models." However, the Petitioner solved one of the 
"major shortcomings" of the single phase model by becoming the first scientist to directly measure the 
poroelastic diffusion constant of cytoplasm." He states that "few people worldwide" possess the 
Petitioner's "technical skills" that have enabled him to design and fabricate a number of microtluidics 
devices for five different research groups across three universities in the United Kingdom. 
The record also includes documentation of numerous articles and patents that the Petitioner has 
written or co-written and that have been cited by independent. experts in the field. This evidence 
affirms the acceptance and use of the Petitioner's work by experts in the field. We also find it 
persuasive that the Petitioner is leading several multi-institutional projects and securing significant 
funding from non-profit research entities to support those projects. Thus, the Petitioner's education, 
scholarship in his field, the significance of his leadership role in research projects, as well as his track 
record developing nanotechnologies, position him well to continue to advance his proposed endeavor of 
medical and pharmaceutical research through nano-biotechnology. 
5 
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Matter of M-M-
C. Balancing Factor,s to Determine Waiver's Benefit to the United States. 
Third .and finally, we conclude 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 noted above, the Petitioner holds a 
Ph.D in biomedical and microengineering, along with considerable experience and 
expertise in the 
highly specialized fields of nanotechnology and cell biology. The evidence also shows that microscopic 
and nanoscopic tools are essential to the development of medical devices that pennit spontaneous injury 
assessment, a critical factor in treating neurological diseases and traumatic brain injury. The Petitioner 
has documented his past success advancing high-profile projects such as spearheading the experiments 
portion of the initiative which encompasses 13 research institutions, and aims to understand the 
electro-mechano-chemical coupling in neuron cells. He has also directly addressed the problem of 
gigaseal formation in patch clamping from a nanotechnology perspective, and created advanced 
fabrication techniques that solve a long-standing problem of seal formation. His accomplishments 
relating to gigaseal formation in patch clamping have been consistently applauded as critical to the 
fabrication process to achieve smoother surfaces in microchips and several experts testified to their 
direct use of the Petitioner's work in their own research. The record reflects that this area of research 
holds significant importance for furthering medical and pharmaceutical research, particularly as it 
relates to developing new therapies or devices to more effectively treat neurological diseases and 
traumatic brain injury. Because of this record of successful research and leadership in an area that 
furthers U.S. interests, we conclude 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. 
III. CONCLUSION 
The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical framework. We 
find that he has established eligibility for and otherwise merits a national interest waiver as a matter 
of discretion. Accordingly, the Petitioner has met his burden to establish eligibility for the 
immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. 
ORDER: The appeal is sustained. 
Cite as Matter of M-M-, ID# 77392 (AAO Jan. 4, 2017)