sustained EB-2 NIW Case: Clinical Medicine

U.S. Citizenship 
and Immigration 
Services 
In Re: 10713246 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR . 12, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a clinical medicine researcher and instructor, 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 Nebraska Service Center denied the petition, concluding that the Petitioner 
qualified for classification as a member of the professions holding an advanced degree but 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. Specifically, the Director concluded that the Petitioner did not 
establish he is well positioned to advance the proposed endeavor and that, on balance, it would be 
beneficial for the United States to waive the requirement of a job offer. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 2010) . We review the 
questions in this matter de nova. See Matter of Christo 's Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015) . 
Upon de nova review, we conclude that the record, including information submitted on appeal, 
establishes that the Petitioner is well positioned to advance the proposed endeavor of continuing his 
research in the field of clinical! I medicine, focusing on maternal fetal medicine and clinical 
duties as an attending! I For example, letters from the chief of obstetric at 
I I University Medical Center; assistant professors o 1.,----,__,... ........ ...._-,,__....1 University 
Medical Center ancic=Juniversity; an associate professor '-t'-'---,___J, aL----.J ··~edical School; 
and the vice president and executive director of research at.__ _ __, University, Japan, indicate the 
Petitioner is well positioned to advance the proposed endeavor. Similarly, the record establishes that 
the Petitioner has obtained funding for his research from the Bill and Melinda Gates Foundation; the 
Doris Duke Charitable Foundation; and the Japanese Ministry of Education, Culture , Sports, Science, 
and Technology, which indicates both interest in the proposed endeavor and the likelihood of the 
Petitioner to obtain sufficient financing. 
Additionally, after reviewing the entire record 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. 
ORDER: The appeal is sustained. 
2