sustained EB-2 NIW Case: Finance

U.S. Citizenship 
and Immigration 
Services 
In Re: 25673014 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 22, 2023 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, an assistant professor of finance, 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 immigrant 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. Section 203(b )(2)(B)(i) of the Act. 
Once a petitioner demonstrates eligibility as either a member of the professions holding an advanced 
degree or an individual of exceptional ability, they must then establish that they merit a discretionary 
waiver of the job offer requirement "in the national interest." Section 203(b )(2)(B)(i) of the Act. 
While neither the statute nor the pertinent regulations define the term "nationa l interest," Matter of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016), provides the framework for adjudicating national interest 
waiver petitions. Dhanasar states that U.S. Citizenship and Immigration Services (USCIS) may, as 
matter of discretion 1, grant a national interest waiver if the petitioner demonstrates that: 
1 See also Poursina v. USCIS, 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) . 
• The proposed endeavor has both substantial merit and national importance; 
• The individual is well positioned to advance the proposed endeavor; and 
• On balance, waiving the requirements of a job offer and a labor certification would benefit the 
United States. 
II. ANALYSIS 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree. The remaining issue to be determined is whether the Petitioner has established that waiver of 
the requirement of a job offer, and thus a labor certification, would be in the national interest. 
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 
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. Dhanasar, 26 I&N Dec. at 889. As the Director has found substantial merit in 
the Petitioner's proposed endeavor, we will only focus our analysis on national importance. 
The Petitioner's proposed endeavor is research in the field of real estate. In the initial petition, the 
Petitioner submitted "Research Plan Statement" outlining his past, current, and future research 
projects. The Director issued a request for evidence (RFE), questioning specificity of the proposed 
endeavor and eventually denied the petition. The Director found that the Petitioner "failed to provide 
specific insight as to what he intends to do as an Assistant Professor." The Director then determined 
that some of the Petitioner's research projects have substantial merit but not national importance 
because the Petitioner did not show that his endeavor will have "substantial economic effects to at 
least a region of the United States" or "impact the field more broadly as opposed to impacting 
individual companies." 
On appeal, the Petitioner contends that the Director examined "only a part of [his] qualifications and 
achievements into consideration in making the denial decision" and that the totality of evidence should 
have established that his proposed endeavor is of national importance. Upon de novo review, we find 
that the record demonstrates national importance of the Petitioner's research endeavor in the field of 
real estate. 
The Director's denial focused on selected research topics rather than all the research that the Petitioner 
proposed to undertake. The Director specifically mentioned the Petitioner's past research, such as 
development of an empirical strategy to measure real estate firms' operational efficiency and study on 
employee productivity in real estate operations, as only impacting individual real estate companies 
that utilize these methodologies. 2 However, in "Research Plan Statement," the Petitioner also included 
his current and future research endeavors that impact the real estate field more broadly than just 
2 The Petitioner submitted recommendation letters demonstrating that his past research received recognition from 
independent researchers, but such evidence generally relates to the second prong of the Dhanasar framework, whether he 
is well-positioned to advance his proposed endeavor. Matter of Dhanasar, 26 l&N Dec. at 890. 
2 
individual real estate companies, such as investigation of environmental, social, and governance (ESG) 
impact on real estate firms, study on household income growth and local economic conditions 
affecting property value and performance, identification of environmental issues and climate changes 
in the area of real estate, and understanding fundamental shifts in real estate markets caused by the 
COVID-19 pandemic. 
Dhanasar states that "[aa ]n undertaking may have national importance for example, because it has 
national or even global implications within a particular field, such as those resulting from certain 
improved manufacturing processes or medical advances." Id. Similarly, we find that the Petitioner's 
research undertaking has national importance as his research results are disseminated to others in the 
field through academic journals and conferences, contributing to advancements and developments of 
real estate trends and market solutions. Since the Director already determined that there is substantial 
merit, the Petitioner's endeavor 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. Dhanasar, 26 I&N Dec. at 890. 
At the time of filing in June 2021, the Petitioner was an assistant professor of finance at the I I 
University's College of Business. He obtained a Ph.D. in finance in 2019 and a master of science 
in real estate in 2014. He also earned a master's degree in business administration in 2011. The 
Petitioner's updated resume shows that he is an assistant professor of the Department of Economics 
and Finance at the University! I at I I The record includes his curriculum vitae as well as 
verified diplomas and academic transcripts supporting the Petitioner's strong academic background in 
his field. In Dhanasar, the record established that the petitioner held multiple graduate degrees 
including "two master of science degrees, in mechanical engineering and applied physics, as well as a 
Ph.D. in engineering." Id. at 891. We find that the Petitioner has the education, skills, and knowledge 
to carry out his proposed endeavor in the field. Still, we look at other factors in determining whether 
the Petitioner is well positioned to advance his proposed endeavor as education is merely one factor 
among many that may contribute to such a finding. 
The Petitioner has published a significant number ofresearch papers in prestigious real estate journals, 
such as the Journal of Real Estate Finance and Economics, Journal of Real Estate Research, and Real 
Estate Economics. According to the American Real Estate Society (ARES), these journals have 
exceptional ratings as top three journals of the real estate research. The Petitioner's research 
publications in these journals confirm that he has co-authored and solo-authored important research 
papers covering a variety of novel topics in the field of real estate, as indicated in his "Research Plan 
Statement." The record further shows that his research papers have received a notable number of 
citations, demonstrating that the Petitioner's research has significantly influenced his field. The 
substantial number of citations come from other independent real estate researchers in the United 
States, as well as international scholars in Australia, Canada, United Kingdom, Hong Kong, and China. 
3 
The Petitioner submitted bibliometric data showing him in top 10% in the field of "Economics & 
Business." The Petitioner's record of success with his past research bolsters the argument that the 
Petitioner's future research plans will produce similar influence and significant impact on the real 
estate research and industry. 
The Petitioner also submitted supporting letters from independent researchers who are scholars and 
rofessors of finance and real estate of various institutions across the United States, such as 
University I 11 I University, and 
the College These letters attest to the importance of his research findings and 
how they have adopted his research results to further their research or the field of real estate. For 
example, I I a professor from the I I University states that the 
Petitioner's discoveries on the important implications of bank technology adoptions have had a 
significant impact in the real world and his research projects are "of major interest academics and 
practitioners across our nation." a a professor, praises the Petitioner as "the 
first to report the parameters of a real estate production function using empirical specifications 
correcting ... to assess the contribution oflabor to firm productivity" and declares that the Petitioner's 
work "has shifted the landscape of real estate research and is pawning a new series of independent 
studies conducted by researchers all over the globe." I I a professor from the University 
I confirms that his own research has "benefited from [the Petitioner's] contributions" on a 
novel firm-level economic growth measure based on asset locations and investigation of how local 
economic growth impacts firm growth. 
In addition, the Petitioner is the I I ranked researcher according to the Real Estate Academic 
Leadership (REAL) author ranking for 2017-2021, and several government agencies, i.e., the Federal 
Deposit Insurance corporation (FDIC), the National Institutes of Health (NIH), and the Federal 
Reserve System, make references to his research in their policy related articles. During 2018-2021, 
the Petitioner has presented his research at various national conferences, such as the American Real 
Estate Society annual meetings, the Financial Management Association International annual meetings, 
and the Community Banking in the 21st Century Research and Policy Conference annually co­
sponsored by the Federal Reserve System and FDIC. The Petitioner demonstrated his research's 
influence not only in academic circles but also the private sector and government regulators in the 
United States. Accordingly, we conclude that the Petitioner is well positioned advance his proposed 
endeavor and 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. Id. at 890-91. 
4 
The Petitioner possesses considerable expertise in the field of real estate and his research has provided 
widespread benefits to other researchers in the field. His past record of success proves that his future 
research will similarly impact the real estate academia and industry. Based on the Petitioner's track record 
of successful research and the significance of his proposed work, we find 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. 
III. CONCLUSION 
The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical framework. We 
find 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. 
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