sustained EB-2 NIW Case: Mathematics

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : AUG . 9, 2023 In Re: 28748965 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a mathematics researcher and professor, seeks classification as a member of the 
professions holding an advanced degree. Immigration and Nationality Act (the Act) section 203(b )(2), 
8 U.S .C. § 1153(b )(2). The Petitioner also seeks a national interest waiver of the job offer requirement 
that is attached to this EB-2 immigrant classification. See section 203(b )(2)(B)(i) of the Act. U.S. 
Citizenship and Immigration Services (USCIS) may grant this discretionary waiver of the required job 
offer, and thus of a labor certification, when it is in the national interest to do so. 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualifies 
for the EB-2 classification as an advanced degree professional but that the record did not establish that 
a waiver of the job offer requirement is 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 Christa's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will sustain the appeal. 1 
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, the petitioner must then establish eligibility for a 
discretionary waiver of the job offer requirement "in the national interest." Section 203(b )(2)(B)(i) of 
the Act. While neither 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 
1 The Form l-290B, Notice of Appeal or Motion was initially assigned receipt numberl The appeal was 
subsequently assigned a new receipt number, I I and the Petitioner notified of this change by 
correspondence dated June 7, 2023. 
I
interest waiver pet1t10ns. Dhanasar states that USCIS may, as a matter of discretion, 2 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 for EB-2 classification as an advanced degree 
professional based upon his Ph.D. in applied and industrial mathematics from the University of 
I lin Kentucky, obtained in 2017. 3 The Director also concluded that the Petitioner's proposed 
endeavor has substantial merit and national importance. However, the Director found that the 
Petitioner did not demonstrate eligibility for a national interest waiver because he did not establish 
that he is well-positioned to advance the proposed endeavor or that, on balance, waiving the job offer 
requirement would benefit the United States. 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. 
A. Whether the Proposed Endeavor Has Substantial Merit and National Importance 
The Petitioner proposes to continue his mathematics research as it relates to the development of new 
solutions for partial differential equations and for terminal problems in backward heat transfer. The 
record shows that this an essential area of research in the study of pure mathematics and that 
development in this area has the potential to solve problems which remain ill-posed, in that they do 
not yet have a solution that remains continuous without using "special regularization methods." 
Bv wav of back~ound, of Mathematics at~-------------------~I niversity, states in a reference letter for the Petitioner: 
A partial differential equation is a mathematical equation involving two or more 
independent variables, an unknown function, and partial derivatives of the unknown 
function with respect to the independent variable .... Partial differential equations are 
used to mathematically formulate and help us to resolve physical and other problems 
involving functions with multiple variables including the propagation of heat or sound, 
fluid flow, elasticity, electrostatics, and electrodynamics. 
The heat equation, a t artial differential equation, is used to understand and model thermal 
conductivity, whichL...-_-,------,,_ ___J) Professor and Chair, Department of Mathematics and 
Statistics at the University describes as follows: 
2 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). 
3 The Petitioner also received a master of arts degree in mathematics from the University! lin Ohio in 2011 and a 
master of science degree in mathematics from thel !University in 2009. 
2 
Thermal conductivity refers to the ability of a material to transfer or conduct heat. ... 
Thermal conductivity occurs through molecular agitation and contact. Heat moves 
along a temperature gradient, from an area of high temperature and high molecular 
energy to an area with a lower temperature and lower molecular energy. This transfer 
continues until thermal equilibrium is reached. The rate at which heat is transferred is 
dependent upon the magnitude of the temperature gradient, and the specific thermal 
characteristics of the material. Thus, thermal conductivity depends on time, space, 
materials, and many variables. 
As to the Petitioner's s ecific research with partial differential equations and heat transfer,D 
1..r----------.L....L...L.>.L..,...,..i>..LJ'-,in Applied Mathematics and Scientific Computing at the LJ 
.______________ ____. states in his letter of support that: 
In general, [the Petitioner's] research has sought to introduce a better approximation 
problem to regularize thermal conductivity for multiple variables and conditions .... 
Prior to [the Petitioner's] research, we would say that as a nonlinear equation, the heat 
equation with a terminal condition is not well-posed. In other words, there is no 
solution which satisfies the heat condition equation with final data and boundary 
conditions. Even if a solution were to exist, it will not be continuously dependent on 
the final data and consequently calculation in numerical simulations will be very 
difficult. ... 
[The Petitioner's] approximation solution converges with the original solution as the 
parameter goes to zero making this an excellent method to use in the heat equation with 
a terminal condition. 
The record shows that this research has applications in electronics, materials science, engineerin 
physics, and other fields in which thermal conductivity is important. For instr"'a=n~ce~------1 
I IProfessor of Physics and University Scholar at the University .______ _. 
states that: 
[The Petitioner's] work in mathematics and regularized solutions for backward heat 
equation has a direct use in exploiting the heat dissipation during ultrafast (pico second 
to femto second) laser spectroscopy. For example, the demagnetization dynamics and 
domain wall movement in ferromagnetic material when an ultra-fast laser beam is 
impinged on a magnetic film can be readily modelled by his methodology. As a 
material scientist, I can envisage the use of his methodology in understanding and 
modelling the nucleation and growth of various materials under a temperature gradient. 
The substantial merit of an endeavor "may be demonstrated in a range of areas such as business, 
entrepreneurialism, science, technology, culture, health, or education." Matter ofDhanasar, 26 I&N 
Dec. at 889. To satisfy the national importance requirement, the Petitioner must demonstrate the 
"potential prospective impact" of the proposed endeavor. Id. Based upon the evidence in the record 
of the potential for the proposed endeavor to advance the understanding ofpartial differential equations 
and ill-posed problems of heat transfer in mathematics, and the potential impact to materials science, 
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electronics, physics, and other fields of research in this area, we agree with the Director that the 
Petitioner's proposed endeavor has both substantial merit and national importance. 
B. Whether the Petitioner Is Well Positioned to Advance the Proposed Endeavor 
The second prong shifts the focus from the proposed endeavor to the Petitioner, and whether he is 
well-positioned to advance it. Matter ofDhanasar, 26 I&N Dec. at 890. In finding that the Petitioner 
did not establish that he is well-positioned to advance the proposed endeavor, the Director found that 
the Petitioner's evidence of presenting research, publishing, reviewing the work of others, and editing 
journals was reflective only of work that would be inherent to the profession and was not significant 
enough to establish that the Petitioner has influenced the field beyond adding to the general pool of 
knowledge or otherwise establish that he is well-positioned to advance the proposed endeavor. The 
Director also noted that the record did not indicate that the Petitioner's research has attracted 
significant attention or funding from U.S. government organizations or major corporate entities. 
The record includes the Petitioner's curriculum vitae, academic records, published articles, peer 
review activity, and documentation of numerous articles that cite to his research findings. As stated 
above, the Petitioner possesses multiple advanced degrees-a Ph.D. and two master's degrees-in 
mathematics fields. 4 In addition, the Petitioner offered reference letters describing his expertise in 
mathematics, particularly partial differential equations and heat transfer, and his past record of success in 
the development of novel solutions to ill-posed problems in that field. Several of the letters identify the 
Petitioner's research as a major step forward and state their opinion that the Petitioner has already 
made substantial contributions to the field of mathematics. Another letter notes that the Petitioner's 
research has appeared in mathematics journals with some of the highest impact factors and lowest 
acceptance rates for their field. As corroborating documentation regarding the significance of his work, 
the Petitioner provided citation evidence showing that his published work has been cited by independent 
researchers nationally and internationally, and that the rate at which his work has been cited is high 
considering the rate of citations typical in mathematics. 
The Petitioner is engaged in research related to a foundational area of pure mathematics. As we stated 
in Matter of Dhanasar, "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. at 892. We must consider the totality of 
the circumstances and whether the record as a whole demonstrates that the Petitioner is well-positioned 
to advance the proposed endeavor. 
We conclude that the Petitioner's experience and expertise in partial differential equations and heat 
transfer, published articles, citation evidence, record of success, and progress in his field position him 
well to advance his proposed endeavor. Accordingly, we withdraw the Director's determination as to 
the second prong of the Dhanasar framework and conclude that the Petitioner has satisfied this 
requirement. 
4 We consider an advanced degree, particularly a Ph.D., in a STEM field tied to the proposed endeavor and related work 
furthering a critical and emerging technology or other STEM area important to U.S. competitiveness or national security 
to be an especially positive factor in assessing the second prong. See generally 6 USC1S Policy Manual F.5(0)(2), 
https://www.uscis.gov/policy-manual. 
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C. Whether, on Balance, Waiving the Job Offer Requirement Would Benefit 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. 5 As a 
mathematics researcher and professor with multiple degrees, the Petitioner possesses considerable 
experience and expertise relating to partial differential equations and heat transfer. The record also 
demonstrates the benefits associated with research progress related to the ill-posed problems in backward 
heat transfer and thermal conductivity. In addition, the Petitioner has documented his past successes in 
advancing research in this area and publishing influential research findings. Based on the Petitioner's 
track record ofresearch and the significance of his proposed work to advance U.S. scientific interests, we 
conclude that he 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 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 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 generally 6 USC1S Policy Manual F.5(D)(2), https://www.uscis.gov/policy-manual. 
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