sustained EB-2 NIW Case: Civil Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 12483763 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 3, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a civil engineer, 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). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner 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 a brief asserting that 
he is eligible for a national interest waiver. 
In these proceedings , it is the petitioner's burden to establish eligibility for the immigration benefit 
sought. Section 291 of the Act, 8 U.S.C. § 1361. 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. 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: 
(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, arts, professions, or business are sought by an employer in the United 
States. 
(B) Waiver ofjob offer-
(i) National interest waiver. ... [T]he 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. 
Furthermore, while neither the statute nor the pertinent regulations define the term "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). 1 Dhanasar states that after a petitioner has 
established eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) 
may, as matter of discretion 2, 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. 
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. 
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 endeavor, 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) 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 See also Poursina v. USC1S, No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS' decision to grant or 
deny a national interest waiver to be discretionary in nature). 
2 
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. 3 
II. ANALYSIS 
The Director concluded that the Petitioner qualifies as a member of the professions holding an 
advanced degree, and we agree with that determination. 4 The remaining issue for consideration is 
whether he qualifies for a national interest waiver under the Dhanasar framework and otherwise merits 
a favorable exercise of discretion. 
A. Substantial Merit and National Importance of the Proposed Endeavor 5 
At the time of filing, the Petitioner was pursuing his Ph.D. in civil en ineerin andl~-----~ 
engineering at the University ofl I A letter fro Research Assistant 
Professor in the Department of Civil Engineering and Center for 
Management at the University ofi ,I indicates his interest in'--h-ir_i_n_g_t_h_e_P_e_t-it_i_o_n-er_a_s__,a 
postdoctoral research associate on prediction ofl = I extremes upon 
completion of his doctoral studies, noting that the Petitioner will assist him with predictive modeling 
forl 7 systems on twq I management projects based in the I I region 
and inl [Florida. 6 
The Petitioner stated that his proposed endeavor was to continue his research onl I 
I ement noting that "[ u ]nderstanding the behavior of underlying phenomena 
.___~_. and incorporating them itj I models substantially improves our 
predictions o_...__ ____ ___, as well asl I extremes in the form o±i I" He 
then identified the following three primary goals of his research: 
1. Developing al I model that accounts for._l ___ __.l and other factors 
underlying I I dynamics in order to accurately represent and predict 
I I generation; 
2. Expanding his previous research;........::o.::n~l===~I patterns to~I -------~ 
stations data from all twenty-one! I regions in the United States in 
order to more comprehensively predic~ _ and other.__ ______ ____. 
extremes; and 
3. Optimizing and generalizing his originally developed risk-informed 
decision-making framework for broader applications in~I ---~I generation. 
3 See Dhanasar, 26 T&N Dec. at 888-91, for elaboration on these three prongs. 
4 Ibe Petitioner s1jbmitted evidence that he holds a Master of Applied Science in Civil Engineering from the University of 
I along with an academic evaluation equating his foreign degree to a U.S. master's degree. 
5 We note that while the Director concluded that "the petitioner submitted sufficient evidence that his endeavor has 
substantial merit and national importance," he did not include an analysis of the first prong factors in his decision. 
6 As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for him to have a job offer from 
a specific employer. However, we consider information about his employment to illustrate the capacity in which he intends 
to pursue his endeavor. 
3 
The Petitioner claims that his proposed research is of great importance, notin that the models he 
intends to develop "provide vital insights into the availabilit of over time." 
Specifically, he states that "[ s ]uch information enables lanners to allocate the finite 
I I efficiently, including in the event of.__ ________ ___.' To demonstrate the 
substantial merit of his research, he submitted information from the World Bank about how predictive 
models are a key strategy for mitigating globa" I and reducing the socioeconomic toll of 
I I He also submitted a report from the U.S. De artment of Energy's Office of 
Energy Efficiency and Renewable Energy discussin the benefits o as a sustainable and 
reliable fuel source and its benefits in relation to 
In addition, a letter froml I Assistant Professor of Civil and Environmental 
Engineering at the University o~ I states that the Petitioner's proposed 
research addresses an ongoing concern within thel I engineering field, namely the need 
for accurate characterization of He notes that "recent human modifications of the 
climate and landscape have increasingly altere around the world, inc;easing I 
the complexity ofl I modeling." Another letter, from Professor o 
Engineering in the Biological and Agricultural Engineering Department at~---~ University, 
comments on the need for accurate mathematical models, noting that such models are necessary in 
order to buildl7 I I and other large-scalel !projects. This 
evidence esta~ the substantial merit of the Petitioner's proposed endeavor, as it proposes to 
provide vital insights on management of tge-scalld I proj eels and es tab 1 is]j I models to 
minimize the negative impacts ofl l and other related phenomena. 
To satisfy the national importance requirement, the Petitioner must demonstrate the "potential 
prospective impact" of his work. With regard to his research proposals, he referred to a 2018 United 
States Geological Survey report which identified "data uncertainty as a foremost challenge affecting 
I modeling efforts," and stated that "appropriate assessment, monitoring, and modeling 
~to_o_l_s_a-re-in-d~ispensable for maintaining ~ I to American consumers 
and to predict and mitigate extreme weather events caused by global climate change, including! I 
an~ I rise." Based on this, the Petitioner noted that that his "development of increasingl
7 comprehensive predictive I I models is clearly relevant to improving~l _____ ~J 
planning and management initiatives through the United States" 
He also referred to a 2014 National Weather Service report, noting that "55 deaths and $2.86 billion 
in property losses as a result ofl I in the United States" were reported that year. The Petitioner 
maintains that by developing I I models that accurately predict I J and other 
I • 0 bxtremes, he can help reduce the socioeconomic burden associated withl I 
The Petitioner also submitted several reference letters which show that his proposed research has and 
will continue r benefit the Jroader scientific community by adding to the knowledge of predictive 
I I and~----~ planning and management. As such, we conclude that he has established 
the national importance of his proposed endeavor, and meets the requirements of the first prong of the 
Dhanasar framework. 
4 
B. Well Positioned to Advance the Proposed Endeavor 
The second prong shifts the focus from the proposed endeavor to the petitioner. Here we determine 
whether the petitioner has established that they are well positioned to advance the endeavor, in terms 
of a number of factors including, but not limited to, education, experience, record of success, plan for 
future activities, and the interest ofrelevant entities or individuals in the proposed endeavor. As stated 
above, the record shows that the Petitioner holds an advanced degree with a specialization in civil 
engineering, which has provided him with the necessary education to advance his proposed endeavor. 
He also submitted copies of his peer-reviewed papers, numerous cited articles published in top 
scientific journals, many of which list him as first-author, evidence relating to other researchers' 
citations to these papers and articles, and evidence of his service as a peer reviewer for scholarly 
publications in his field. In addition, the Petitioner offered documentation of a funding grant received 
and numerous reference letters from engineerin~ professionals and researchers that explain how the 
Petitioner has advanced the field's knowledge in I 
Multiple expert references identify examples of how the Beneficiary's work has been utilized in the field 
ofl I or has otherwise affected thd I_.., ....... _____ ~ management field. 
For exampleJ ~ Senior Water Resources Engineer for describes the Petitioner's 
work on a Risk-Informed Decision Making (RIDM) framework fo noti~J thatl 
the framework serves "as a resource for operational planners to use in respondin to an 
,__ _ ___,I events. ~--------~ Senior Geospatial Data Scientist fo ~----~ also 
describes the Petitioner's research on the development of a new "fuzzy multi-criteria decision-making 
framework," which assists decision-makers in making determinations regarding I I 
projects. He notes that other researchers applied the Petitioner's work on parametric forms of fuzzy 
numbers research citin to a 2012 example of the use of his framework in emergency management of 
.__---,---------,--------- quoted above re arding the need for accurate characterization 
of,__ _____ ~ notes that a team from L__ _ _,----r~iversity of Life Sciences relied on the 
Petitioner's methodology in this area in concluding tha have a significant impact onl I 
I 
In addition, the record includes evidence from Google Scholar showing the number of citations to the 
Petitioner's published work, consisting of at least 13 publications, as well as partial copies of some of 
the articles in which those citations appear. This evidence shows that his research has been frequently 
referenced by other researchers with whom he has not collaborated, and serves to support the 
statements from the above letters and others in the record regarding his record of success in advancing 
his endeavor. It thus helps to demonstrate that the Petitioner is well positioned to advance his proposed 
research in the United States. 
The record also includes additional detailed expert letters describing U.S. Government interest and 
investment in the Beneficiary's research, and documentation showing that he played a significant role in 
a project funded by a grant from thd I a division of the Environmental Protection 
Agency. Specifically, the record demonstrates that th~ Petitioner deyeloped a novel computational 
approach to modeling and prediction of wind-generated!~ _____ ___,_Fritical to D prediction and 
,__ __ ~I restoration projects. 
5 
The Petitioner's experience and expertise in the field of civil engineering, the record of his published 
work and its influence on the work of others in his field, his progress in advancing! I 
modeling as well as government interest and funding of his research position him well to advance his 
proposed endeavor. Accordingly, we disagree with the Director and find that he satisfies the second 
prong of the Dhanasar framework. 
C. Balancing Factors to Determine the Benefit of a Waiver to the United States 
As explained above, the third prong of the Dhanasar framework requires the petitioner to demonstrate 
that, on balance, it would be beneficial to the United States to waive the EB-2 classification's 
requirement of a job offer, and thus of a labor certification. The evidence shows that the Petitioner's 
research inl I an~ I management has the potential to provide widespread benefits 
to the United States in terms of generatinfl l mitigating! I and reducing the 
socioeconomic toll of I O and that his education, experience, and record of success 
in these endeavors position him well to advance them. In addition, the Petitioner has his past successes 
in advancing research relating tol I and I management. Based on his track record 
of successful research and the significance of his proposed work to advance U.S.I I interests, we 
therefore find that he offers contributions of such value that, on balance, they would benefit the United 
States even assuming the availability of other qualified U.S. workers. 
III. CONCLUSION 
The Petitioner has established that he qualifies as a member of the professions holding an advanced 
degree, and that he meets the three prongs of the Dhanasar framework. We find that he is eligible for, 
and otherwise merits, a national interest waiver as a matter of discretion. 
ORDER: The appeal is sustained. 
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