sustained EB-2 NIW Case: Horticulture Science

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : WLY 25, 2023 In Re: 27416545 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, a postdoctoral research associate, 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 although the Petitioner 
qualified for classification as a member of the professions holding an advanced degree, she 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. 
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 
An advanced degree is any United States academic or professional degree or a foreign equivalent 
degree above that of a bachelor's degree. A United States bachelor's degree or foreign equivalent 
degree followed by five years of progressive experience in the specialty is the equivalent of a master's 
degree. If a doctoral degree is customarily required for the specialty, the non-citizen must a United 
States doctorate or a foreign equivalent degree. 8 C.F.R. § 204.5(k)(2). 
If a petitioner demonstrates eligibility for the underlying EB-2 classification, 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 "national interest," Matter of Dhanasar, 26 I&N Dec. 884, 889 (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: 
• 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. 
II. ANALYSIS 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree in horticulture sciences. 2 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. The Director determined that the Petitioner demonstrated that her proposed 
endeavor has both substantial merit and national importance, but that she did not demonstrate that she 
is well positioned to advance her endeavor or that on balance, waiving the job offer requirement would 
benefit the United States. 
At the time of filingj the Petitioner was serving postdoctoral research associate at the University of 
I Research and Education Center, where she has conducted research on "chemical, 
physiological, and molecular trait characterization approaches that successfully identify fitted HLB­
tolerant citrus varieties. 3 The Petitioner stated that in her proposed endeavor, she will continue to 
conduct her research and publish original horticulture research in peer-reviewed journals and present 
at conferences. The Petitioner provided a letter from I I Professor of citrus breeding 
and genetics at the Universit~ !Research and Education Center, who stated that the 
Petitioner was the first scientist to demonstrate that citrus trees respond similarly to abiotic stresses 
and to Huanlongbing (HLB ), a citrus greening disease. I I highlighted that the Petitioner was 
the first scientist to show the positive effects of manganese overdose to the roots of commercial field 
trees, pointing out that this approach resulted in decreased disease severity and higher fruit yields. He 
pointed that the Petitioner's work has been frequently cited and has "contributed significantly to the 
evolution of improved fertilization programs for citrus trees in Florida." I lwent on to 
discuss the Petitioner's research in another project, stating that it was a catalyst to the creation of 
"better tools for pathogen tracking in infected trees." Likewise, several other researchers who 
previously worked with the Petitioner, also lauded her successes in other research projects that targeted 
the issue of HLB and curbing HLB' s impact on citrus trees. 
For the reasons discussed below, we conclude that the Petitioner has established eligibility for a 
national interest waiver under the analytical framework set forth in Dhanasar. 
1 See also Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019) (finding USCTS' decision to grant or deny a national interest 
waiver to be discretionary in nature). 
2 The Petitioner presented her transcript and Ph.D. certificate from the Universitvl,__ ___. 
3 As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for her to have a job offer from 
a specific employer. However, we will consider information about her research position to illustrate the capacity in which 
she intends to work to determine whether her proposed endeavor meets the requirements of the Dhanasar framework. 
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A. Substantial Merit and National Importance 
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. 
The Director determined that the Petitioner provided sufficient evidence to meet this prong of the 
Dhanasar framework. Our review of the Petitioner's submissions, such as support letters from fellow 
experts in the citrus research field, highlight the broader benefit and implications of the Petitioner's 
proposed research, which has the potential to positively impact the national and/or global food supply, 
safeguard the agricultural industry, and protect the livelihoods of U.S. farmers. We therefore agree 
with the Director's determination that the Petitioner has demonstrated both the substantial merit and 
national importance of her proposed research. 
B. Well Positioned to Advance the Proposed Endeavor 
The second prong shifts the focus from the proposed endeavor to the Petitioner. The record includes 
the Petitioner's curriculum vitae, her academic records, published and presented work, peer review 
activity, and documentation of numerous articles that cited to her research findings. 4 In addition, the 
Petitioner offered reference letters describing her expertise in horticulture research and more 
specifically, her research of HLB, which has adversely impacted the Florida citrus industry. Several 
expert references identify specific examples of how the Petitioner's research has affected her field, 
pointing out that her published work has been frequently cited by independent researchers, a claim 
that is corroborated by evidence in the record. The Petitioner's experience and expertise as a 
researcher of HLB, her published articles, citation evidence, progress in her field, and her current 
employment as a postdoctoral research associate at th~ !University position her well to advance 
the proposed endeavor. Accordingly, the Petitioner has demonstrated that she satisfies the second 
prong of the Dhanasar framework. 
C. Whether on Balance a Waiver is Beneficial 
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. 5 As a 
4 We note that, "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 furthering 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. 
5 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 imp01tance. 
See USC1S Policy Manual, supra, at F.5(D)(2). 
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horticulture researcher with a Ph.D. degree, the Petitioner possesses considerable experience and 
expertise in promoting the development and growth of HLB-resistant citrus species, thus laying a 
foundation for growing more resilient plants without having to eradicate trees that are already infected 
with HLB. The record also demonstrates the potential for widespread horticultural, research, and 
economic benefits associated with the Petitioner's current research. In addition, because the Petitioner 
has documented her past successes and established that her proposed work could significantly benefit 
the Florida citrus industry, we conclude that she offers contributions of such value that, on balance, 
they would benefit the United States even if 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 she has established that she is eligible for and otherwise merits a national interest waiver 
as a matter of discretion. 
ORDER: The appeal is sustained. 
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