sustained EB-2 NIW Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 18, 2023 In Re: 28963842 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a research scientist, 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. § 1153(b )(2). 
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 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. 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. 
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. 
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). 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 1, 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. 
II. ANALYSIS 
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced 
degree. We agree. 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. 
At the time of filing, the Petitioner was in the process of completing a doctoral degree in computer 
science at._____________ __., Rhode Island and explained his research in substantive 
and meaningful detail, particularly as it relates to artificial intelligence. For example, he described 
how he "conducts research in the field of advanced computing, using artificial intelligence to examine 
collected data and improve optimization decisions." He intends to continue "conducting research in 
the field of advanced computing using artificial intelligence to look at collected data and make better 
optimization decisions." He plans to "contribute to the reviving hardware design automation field in 
line with the recent CHIPS and Science Act. In the long-term, he intends to continue researching 
process optimization, with the goal of enabling next-generation computing platforms." According to 
the Petitioner, his work-particularly as it relates to artificial intelligence-has already implicated, 
and stands to implicate farther in the future, a broad range of fields including semiconductor 
manufacturing, logistics, advanced manufacturing, supply chain management, cancer research, and 
software development. 
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. 
1 See also Poursina v. USC1S, 936 F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest 
waiver to be discretionary in nature). 
2 
A. Substantial Merit and National Importance of the Proposed Endeavor 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
individual 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. 
Dhanasar, 26 I&N Dec. at 889. An endeavor may have national importance because it has national 
or even global implications within a particular field, such as improved medical advances. Id. 
"Endeavors related to research, pure science, and the furtherance of human knowledge may qualify, 
whether or not the potential accomplishments in those fields are likely to translate into economic 
benefits for the United States." Id. 
In a request for evidence (RFE), the Director stated that the proposed endeavor has substantial merit 
and national importance, but in the decision denying the petition stated that although it has substantial 
merit, it is of national importance. We agree with the Director's initial determination and conclude 
that the Petitioner's proposed endeavor has substantial merit as well as national importance. 
As evidence that his proposed research has substantial merit and national importance, the Petitioner 
presented letters of support discussing how his undertakin contributes to the broad fields of advanced 
computing and computer science. For example, a professor of electrical and 
computer engineering at the.__________ _. states: 
[The Petitioner] had conducted significant research on using reinforcement learning 
methods to optimize the logic synthesis process of IC [integrated circuit] layout 
generation. He has also applied representation learning using graph neural networks to 
optimize [ electronic design automation] EDA cloud deployments costs. I consider both 
of these to be landmark contributions to the field .... The ro • ect which 
the Petitioner has resented in articles in 
....______________ _, is now considered a cornerstone of open-source 
tools for hardware chip layout generation. 
The record contains evidence substantiating I Iconclusions. For example, the Petitioner 
submitted evidence establishing thatl Iis being used actively by multiple well-known 
software companies in the United States. The Petitioner contends, and supports evidence to establish, 
that his work on the project has had a meaningful and measurable impact on the field as a whole. 
The record also contains letters from outside academia discussing the broad reach and impact of the 
Petitioner's work. For example, the chief executive officer ofl Iacknowledged in 
his letter that the Petitioner's "algorithms on machine learning and its applications on process 
optimization are being used at I Ito support its logistics network across 
Egypt." The Petitioner also submitted scholarly articles discussing his I !contributions and 
additional 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 scientific journals and 
conferences. 
3 
The record backs Counsel's assertion that the Petitioner's work "spans both the academic and the 
industrial-the theoretical and the practical," and that it has already, and stands to have farther 
"tangible effects on the United States' ability to meet its industry goals." As the Petitioner has 
demonstrated both the substantial merit and national importance of his proposed research, he has 
established that he meets the first prong of the Dhanasar framework. 
B. Well Positioned to Advance the Proposed Endeavor 
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. 
We agree with the Director that the Petitioner satisfies this prong. The record includes the Petitioner's 
academic records (including his Ph.D. transcript in computer science and master's degree in computer 
science), published and presented work, peer review activity, and documentation of numerous articles 
that cited to his research findings. As corroborating documentation regarding his work's significance, 
the Petitioner provided evidence showing that his published work has been frequently cited by 
independent researchers. His experience and expertise as a research scientist, published articles, citation 
evidence, record of success contributing to various research projects, and progress in his field position 
him well to advance his proposed endeavor. 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 
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) 
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 
As a research scientist who is currently working toward his Ph.D., the Petitioner possesses considerable 
experience and expertise in his research field. The record also demonstrates the benefits of advanced 
computing process optimization and the tangible, significant impact the Petitioner's research has already 
made, and will continue to make, on the field. In particular, the Petitioner has submitted articles 
documenting his meaningful contribution to the open-source project! I. 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
4 
Based on the Petitioner's track record of successful research and the significance of his proposed work to 
advance U.S. education 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. 
5