sustained EB-2 NIW Case: Materials Science

U.S. Citizenship 
and Immigration 
Services 
In Re: 24834854 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR . 15, 2023 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, a biocompatibility material 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 although the Petitioner 
qualified for classification as a member of the professions holding an advanced degree 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. 
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. 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. 
At the time of filing, the Petitioner was serving in a research position as biocompatibility material 
scientist in the medical solutions division atl 2 The Petitioner described his prior 
research in the energy sector where he worked to "convert [] waste into important biofuels for energy 
production"; he explained that in his prior work in the energy sector, he used materials evaluation and 
chemical characterization, the same strategies that he now applies in his proposed endeavor within the 
healthcare sector for "the development and improvement of new and existing materials for advanced 
and surgical wound care." The Petitioner provided a letter from his supervisor,! I Senior 
Research Manager ofOmedical solutions division, who stated that the Petitioner's work involves 
three primary responsibilities: "1) understanding the impact of manufacturing and/ or design changes 
on material properties and product characteristics, 2) creating novel materials and developing existing 
materials in order to improve the performance and quality of advanced wound dressing products, and 
3) participating in the innovation and creation of new and novel user solutions." I I 
highlighted the national significance of the Petitioner's research, pointing out that his work is aimed 
at improving patient outcomes by developing novel materials for advanced and surgical wound care. 
The Petitioner further stated that the proposed endeavor involves his continued work as a researcher 
at0where he will not only fulfill the above-stated responsibilities, but also publish and present his 
research findings in peer-reviewed venues. The Petitioner elaborated on his current project, stating 
that it involves "research on the development of a new porcine hard-to-heal wound model" and 
corresponding clinical studies whose goal is to provide cost-effective care while improve existing 
treatment methods and patients' quality of life. 
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. 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 his transcript and Ph.D. certificate from the University of _______ 
3 As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for him to have a job offer from 
a specific employer. However, we will consider information about his research position to illustrate the capacity in which 
he intends to work to determine whether his 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. After reviewing the Petitioner's submissions, such as letters of support from 
fellow experts in the biosystems engineering field and the support letter from the Petitioner's current 
employer highlighting the broader benefit and implications of the Petitioner's proposed research, we 
agree with the Director's determination that Petitioner has demonstrated both the substantial merit and 
national importance of his 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, his academic records (including his Ph.D. and Master of Science 
degree), published and presented work, peer review activity, and documentation of numerous articles 
that cited to his research findings. 4 In addition, the Petitioner offered reference letters describing his 
expertise in biosystems engineering, materials evolution, and chemical characterization research and 
his past record of success in that field. Several expert references identify specific examples of how 
the Petitioner's research 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 as a biosystems engineering researcher, 
published articles, citation evidence, progress in his field, and his current employment with 
position him well to advance his proposed endeavor. Accordingly, the Petitioner has demonstrated 
that he 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 
biosystems engineering researcher with both a Ph.D. and Master of Science degree, the Petitioner 
4 "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. 
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 importance. 
See USC1S Policy Manual, supra. at F.5(D)(2). 
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possesses considerable experience and expertise in developing and improving material properties and 
product characteristics. The record also demonstrates the potential for widespread medical benefits 
associated with the Petitioner's current research in developing and improving wound care dressing 
materials. In addition, because the Petitioner has documented his past successes in advancing research 
relating to materials evolution and chemical characteristics and the significance of his proposed work 
to advance the quality of patient lives through improved wound care materials, 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. 
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