sustained EB-2 NIW Case: Cancer Research

U.S. Citizenship Non-Precedent Decision of the
and Immigration Administrative Appeals Office 
Services 
In Re: 26375372 Date: MAY 12, 2023 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a cancer researcher, seeks classification as a member of the professions holding an 
advanced degree or of exceptional ability, Immigration and Nationality Act (the Act) section 
203(b )(2), 8 U.S.C. § l l 53(b )(2). The Petitioner also seeks a national interest waiver of the job offer 
requirement that is attached to this employment based second preference (EB-2) classification. See 
section 203(b )(2)(B)(i) of the Act, 8 U.S.C. § 1153(b )(2)(B)(i) . U.S. Citizenship and Immigration 
Services (USCIS) may grant this discretionary waiver of the required job offer, and thus of a labor 
certification, when it is in the national interest to do so. See 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). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified 
for classification as a member of the professions holding an advanced degree, but the record did not 
reflect that they had established that a waiver of the required job offer, and thus of the labor 
ce11ification, would be in the national interest. 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 Christo 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 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. 
Whilst neither the statute nor the pertinent regulations define the tenn "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). Dhanasar states that USCIS may as a matter of discretion 
grant a national interest waiver of the job offer, and thus of the labor certification, to a petitioner 
classified in the EB-2 category if they demonstrate that (1) the noncitizen's proposed endeavor has 
both substantial merit and national importance, (2) the noncitizen 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 
noncitizen 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 noncitizen. To determine whether 
the noncitizen 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, progress towards achieving the proposed endeavor, and 
the interest of potential customers, users, investors, or other relevant entities or individuals are also 
key considerations. 
The third prong requires the petitioner to demonstrate that, on balance of applicable factors, it would 
be beneficial to the United States to waive the requirements of a job offer and thus of a labor 
certification. USCIS may evaluate factors such as whether, in light of the nature of the noncitizen' s 
qualification or the proposed endeavor, it would be impractical either for the noncitizen to secure a 
job offer or for the petition to obtain a labor certification; whether, even assuming that other qualified 
U.S. workers are available, the United States would still benefit from the noncitizen's contributions; 
and whether the national interest in the noncitizen's contributions is sufficiently urgent to warrant 
forgoing the labor certification process. Each of the factors 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. 
II. ANALYSIS 
The Director found that the Petitioner qualified 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 of a labor certification, would be in the national interest. 
At the time of filing, the Petitioner was a post-doctoral research scholar at the University of 
IMedical Center inl ITexas conducting biomedical research in cancer biology, 
immunology, and cancer immunotherapy in support of eventual advances in disease treatment and 
prevention. The Petitioner proposed to endeavor to continue their research in these fields to potentially 
address clinical issues and promote public health by "researching CD8+ T cells, dendritic cells, and 
other cancer immune therapies." 
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. 
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I 
A. Substantial Merit and National Importance 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
individual proposes to undertake. As stated above, the endeavor's merit may be demonstrated in a 
range of areas such as business, entrepreneurialism, sciences, technology, culture, health, or education. 
In determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. Dhanasar, 26 I&N Dec. at 889. 
The Director determined that the Petitioner provided sufficient evidence to meet this prong of the 
Dhanasar framework. After reviewing the Petitioner's submission, such as probative letters of support 
from experts in the fields of cancer biology, immunology, and cancer immunotherapy describing the 
Petitioner's experience, work, and proposed endeavor in personalized and meaningful detail, the 
Petitioner's detailed statement of their endeavor describing the future research they proposed to 
undertake and its potential prospective impact on eventual advances in cancer treatment, and evidence 
of the new goals of the National Institutes of Health's Cancer Ito reduce the death rate from 
cancer by at least 50 percent over the next 25 years, we agree that the broader implications of the 
Petitioner's substantially meritorious research rise to a level of national importance. 
B. Well Positioned to Advance the Proposed Endeavor 
The second prong shifts the focus from the proposed endeavor to the Petitioner. The record includes 
the Petitioner's curriculum vitae, their academic records, published and presented work, peer review 
activity, and documentation of numerous articles that cited to their research findings. 1 In addition, the 
Petitioner offered reference letters describing their expertise in tumor cell repression, antitumor effects 
during radiation, and tumor radioresistance, and their past record of success in these and other related 
fields. Several experts referenced specific examples of how the Petitioner's research has directly 
affected their field. As corroborating documentation regarding the significance of their work, the 
Petitioner provided evidence showing that their published work has been frequently cited by 
independent researchers, and that the rate at which their work has been cited is high relative to others 
in the field. The Petitioner's experience and expertise as a biomedical researcher in cancer biology, 
immunology, and cancer immunotherapy, published articles, citation evidence, progress in their field, 
prospects for future employment and/or collaboration in joint ventures in their field position them well 
to advance their proposed endeavor. So the Petitioner has demonstrated that they satisfy the second 
prong of the Dhanasar framework. 
C. Whether On Balance a Waiver is Beneficial 
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 
1 "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. 
competitive or national security, an especially positive factor to be considered along with other evidence for purposes of 
the assessment under the second prong." See generally 6 USCIS Policy Manual, F.5(D)(2), https://www.uscis.gov/policy­
manual. 
2 When evaluating the third prong, USCTS considers the following combination of facts contained in the record to be a 
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biomedical researcher of cancer biology, immunology, and cancer immunotherapy with a Ph.D. in cell 
biology and experience as an assistant professor at an international institute of higher education, the 
Petitioner possesses considerable education, experience, and expertise in analysis of biological 
materials at a cellular level to study attributes and behavior under set conditions with an aim to 
influence outcomes. The record also demonstrates the potential for widespread medical benefits for 
cancer treatment associated with the Petitioner's most recent research revealing combining emricasan 
with radiation successfully generated synergistic therapeutic effects in tumor cells. In addition, the 
Petitioner has documented their past successes in advancing novel research for cancer immunotherapy 
relating to the behavior of irradiated tumor cells which bridged a gap of understanding of intrinsic and 
extrinsic DNA signaling which could play a role in immune activation. They have also demonstrated 
the significance of their proposed work advancing the treatments and therapeutic outcomes to reduce 
cancer morbidity and mortality. So we conclude that the Petitioner 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 they have established that they are eligible for and otherwise merits a national interest waiver 
as a matter of discretion. 
ORDER: The appeal is sustained. 
strong positive factor: (1) The person possesses an advanced STEM degree, particularly a Ph.D; (2) The person will be 
engaged in work furthering a critical and emerging technology of other STEM area imp01tant to U.S. competitiveness; and 
(3) The person is well positioned to advance the proposed STEM endeavor of national importance. See generally USC1S 
Policy Manual, supra, at F.5(0)(2). 
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