sustained EB-2 NIW Case: Epidemiology

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: FEB. 8, 2024 In Re: 29834434 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an epidemiologist, seeks second preference immigrant classification as a member of 
the professions holding an advanced degree or as an individual of exceptional ability, as well as a 
national interest waiver of the job offer requirement attached to this EB-2 classification. 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 the Petitioner had not 
established eligibility as an advanced degree professional and for 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. 
To establish eligibility for a national interest waiver, petitioners must 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. Section 203(b )(2)(B)(i) of the Act. In addition, 
petitioners must show the merit of a discretionary waiver of the job offer requirement "in the national 
interest." Section 203(b )(2)(B)(i) of the Act. Matter ofDhanasar, 26 I&N Dec. 884, 889 (AAO 2016) 
provides that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion 1, grant 
a national interest waiver if: 
• The proposed endeavor has both substantial merit and national importance, 
• The individual is well-positioned to advance their proposed endeavor, and 
• On balance, waiving the job offer requirement would benefit the United States. 
1 See also 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). 
Although the Director indicated the Petitioner did not submit a certificate or degree establishing his 
advanced degree, the record contains a copy of the Petitioner's degree and academic transcript 
reflecting his receipt of a doctoral degree in biomedicine. Accordingly, the Petitioner established his 
qualification as an advanced degree professional consistent with 8 C.F.R. § 204.5(k)(3)(i)(A). 
Regarding the national interest waiver, the Petitioner intends to conduct research in developing safe 
and sustainable strategies that accelerate the progress towards control and elimination of neglected 
infectious diseases. The first prong relates to substantial merit and national importance of the specific 
proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Director found the Petitioner established 
eligibility for both aspects of this prong, and we agree with the Director's determination. Although 
the Director decided the Petitioner did not satisfy the second and third prongs, the record does not 
support this conclusion. 
The second prong shifts the focus from the proposed endeavor to the Petitioner. Dhanasar, 26 I&N 
Dec. at 890. The record includes his curriculum vitae, academic records, published works, peer review 
activity, and documentation of numerous articles that cited to his research findings. 2 In addition, the 
Petitioner offered reference letters describing his expertise and his past record of success in that field. 
Several expert references identify specific examples of how the Petitioner's research progress 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, 
and that the rate at which his work has been cited is high relative to others in the field. His experience 
and expertise, 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. 
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. Dhanasar, 26 I&N Dec. at 890. 3 As an epidemiologist and researcher with a doctoral 
and master's degree, the Petitioner possesses considerable experience and expertise. The record also 
demonstrates the widespread benefits associated with his research in infectious diseases. In addition, the 
Petitioner has documented his past successes in advancing research and publishing influential research 
findings. Based on the Petitioner's track record of successful research and the significance ofhis proposed 
work to advance U.S. 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. 
2 "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. 
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 USCIS Policy Manual F.5(D)(2), https://www.uscis.gov/policy-manual. 
3 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 USC1S Policy Manual, supra, at F.5(D)(2). 
2 
For the reasons discussed above, the Petitioner qualifies as an advanced degree professional and has met 
the requisite three prongs set forth in the Dhanasar analytical framework. Accordingly, the Petitioner 
merits a national interest waiver as a matter of discretion. 
ORDER: The appeal is sustained. 
3