sustained EB-2 NIW Case: Biomedicine

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 17, 2024 In Re: 34829012 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner 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. § 1 l 53(b )(2). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified 
for EB-2 classification, 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 asserts that he is eligible for the benefit sought. 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 novo. Matter ofChristo 's, 
Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, we will sustain the appeal. 
I. LAW 
To qualify for a national interest waiver, a petitioner must first show eligibility 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. If 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 I&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 discretion, 1 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 Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Ninth, Eleventh, and D.C. Circuit Courts (and Third 
in an unpublished decision) in concluding that USCIS ' decision to grant or deny a national interest waiver is discretionary 
in nature). 
• On balance, waiving the job offer requirement would benefit the United States. 
II. ANALYSIS 
The Director found that the Petitioner 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. 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 
As evidence that his proposed research has substantial merit and national importance, the Petitioner 
indicated that he intended to continue research to determine state-of-the-art biomarkers for predicting 
the 
risk of breast cancer precursors in order to enhance the accuracy and timeliness of the diagnosis of 
the disease. The record includes letters of support discussing how the Petitioner's proposed work 
stands to advance breast cancer research in the United States. For instance, Dr.I I professor 
emerita at the states that the Petitioner's approach, "which diverges from 
traditional age-based treatment guidelines, proposes a more personalized method by targeting 
treatments based on unique tumor characteristics," which "not only improves patient outcomes, but it 
lays the groundwork for a transformation in current therapeutic practices." The Petitioner's research, 
as noted by Dr.I I directly "contributes to a more efficient allocation of healthcare resources," and 
enables "the development of new drugs targeting high-risk patients." Dr.I I further details that by 
focusing on identifying biomarkers for early detection of breast cancer precursors, the Petitioner's 
work "significantly enhances the accuracy and timeliness of diagnosis," which is "crucial as breast 
cancer remains the most commonly diagnosed cancer among women, with the United States among 
the top countries for breast cancer rates and mortality." 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 medical journals, publications, and 
conferences. 
As the Petitioner has demonstrated both the substantial merit and national importance of his proposed 
research in the field of biomedicine, he has established that he meets the first prong of the Dhanasar 
framework. 
B. Well Positioned to Advance the Proposed Endeavor 
We withdraw the Director's conclusion that the Petitioner did not establish he meets Dhanasar's 
second prong. The second prong shifts the focus from the proposed endeavor to the Petitioner in 
determining whether the individual is well positioned to advance the proposed endeavor. Dhanasar, 
26 I&N Dec. at 890. The Petitioner possesses a medical degree from the I I and is 
currently pursuing his Ph.D. at the same institution. USCIS considers an advanced degree, particularly 
an advanced degree in a Science, Technology, Engineering, and Mathematics (STEM) field tied to the 
proposed endeavor and related to work furthering 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 
2 
USCIS Policy Manual F.5(D)(2), https://www.uscis.gov/policymanual. The record also includes the 
Petitioner's curriculum vitae; published and presented work; peer review activity; evidence of 
publications, abstracts, speaking engagements, and citatory evidence; fonding and scholarship 
documentation; and letters confirming the Petitioner's past and present employment. In addition, the 
Petitioner offered reference letters describing his expertise in biomedicine and his past record of success 
in the research field. Several expert references identify specific examples of how the Petitioner's 
research progress relating to biomedicine, surgical pathology, and cytopathology 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. Accordingly, the 
Petitioner has demonstrated that he satisfies the second prong of the Dhanasar framework. 
C. Balancing Factors to Determine Waiver's Benefit to the United States 
Furthermore, we withdraw the Director's determination that the Petitioner did not establish he meets 
Dhanasar 's third prong. 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. 2 As a researcher with a medical degree who is currently pursuing a 
Ph.D., the Petitioner possesses considerable experience and expertise in his research field. The record 
also demonstrates the widespread benefits associated with research progress in the early detection and 
treatment of breast cancer. In addition, the Petitioner has documented his past successes. Based on the 
Petitioner's track record of successful research and the significance of his proposed work to advance U.S. 
medical 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. 
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. 
2 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 USCIS Policy Manual, supra. at F.5(D)(2). 
3