sustained EB-2 NIW Case: Medical Research

U.S. Citizenship 
and Immigration 
Services 
In Re: 22628586 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 19, 2022 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, al I researcher, 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 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 she had not 
established that a waiver of the required job offer, and thus of the labor certification, would be in the 
national interest. 
On appeal, the Petitioner submits additional documentation and a brief asserting that she is eligible for 
a national interest waiver. In these proceedings, it is the petitioner's burden to establish eligibility for 
the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova 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. Because this classification requires that the 
individual's services be sought by a U.S. employer, a separate showing is required to establish that a 
waiver of the job offer requirement is in the national interest. 
Section 203 (b) of the Act sets out this sequential framework: 
(2) Aliens who are members of the professions holding advanced degrees or aliens of 
exceptional ability. -
(A) In general. - Visas shall be made available ... to qualified immigrants who are 
members of the professions holding advanced degrees or their equivalent or 
who because of their exceptional ability in the sciences, arts, or business, will 
substantially benefit prospectively the national economy, cultural or 
educational interests, or welfare of the United States, and whose services in the 
sciences, arts, professions, or business are sought by an employer in the United 
States. 
(B) Waiver ofjob offer-
(i) National interest waiver. ... [T]he Attorney General may, when the Attorney 
General deems it to be in the national interest, waive the requirements of 
subparagraph (A) that an alien's services in the sciences, arts, professions, or 
business be sought by an employer in the United States. 
While neither the statute nor the pertinent regulations define the term "national interest," we set forth 
a framework for adjudicating national interest waiver petitions in the precedent decision Matter of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). Dhanasar states that after a petitioner has established 
eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter 
of discretion 1, grant a national interest waiver if the petitioner demonstrates: ( 1) that the foreign 
national's proposed endeavor has both substantial merit and national importance; (2) that the foreign 
national is well positioned to advance the proposed endeavor; and (3) 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. 
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. 
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. 
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) 
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). 
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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. 2 
II. ANALYSIS 
The Director found that the Petitoner qualifies as a member of the professions holding an advanced 
degree. 3 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 working as a research scientist "assigned to a full-time, long­
term contract position at the in I Maryland." 4 With regard 
to her proposed endeavor, the Petitioner indicated that she planned "to continue studying the 
underlying mechanisms of thel • I in order to develop novel therapeutic 
strate ies forl ldiseases,LJ injuries, and other disorders involving the 
s stem." The record includes a June 2020 letter fro Director of theD ____ syst _ em." 
Laboratory,.__ _________________________ 
stating: 
Towards the goal of developing complex cellular models for the discovery and 
development of new treatment o tions for disorders, the Petitioner] is 
developing state-of-the-art _____ to study the effect of on human 
I land determine the effect of drugs on the human I I 
Specifically, [the Petitioner] has been developinga a model of 
I fusing derived human I I 
cells .... 
The Petitioner further explained that her proposed endeavor involves: 
1) Developing a on a multi plate that can replicate a functional 
I I network ofl I using derived! I 
cells; 
2) Designing and fabricating different biomedical assays, tools, instrumentation, and 
initiat[ing] collaboration with commercial entities; and 
3) Designing a fully developed and functional in vitrd I modell I 
to perform high throughput! I screening on a large scale for biomedical drug 
testing. 
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. 
2 See Dhanasar, 26 T&N Dec. at 888-91, for elaboration on these three prongs. 
3 The Petitioner presented her Ph.D. in Basic Medical Science (2011) from University oie=] in India. She also submitted 
two academic evaluation reports which both concluded that the aforementioned degree is the foreign equivalent of a U.S. 
Ph.D. in Medical Science from an accredited college or university in the United States. 
4 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 position to illustrate the capacity in which she 
intends to work in order to determine whether her proposed endeavor meets the requirements of the Dhanasar framework. 
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A. Substantial Merit and National Importance of the Proposed Endeavor 
As evidence that her proposed research has substantial merit and national importance, the Petitioner 
presented letters of support discussing how her undertaking stands to provide complex cellular models 
for the discovery and development of new treatment options for I I disorders. She also 
presented information about I andl lin the United States and their adverse impact 
on U.S. public health . Additionally , the Petitioner has submitted documentation indicating that the 
benefit of her proposed I I research has broader implications for the field, as the results are 
disseminated to others in the field through scientific journals and conferences. As the Petitioner has 
demonstrated both the substantial merit and national importance of her proposed research, she has 
established that she 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 Petitioner. The record includes 
her curriculum vitae, academic records (including her Ph.D. in Medical Science), published articles, 
peer review activity, and documentation of numerous articles that cited to her research findings. 5 In 
addition, the Petitioner offered reference letters describing her expertise inl I research and 
her past record of success in that field. Several expert references identify specific examples of how the 
Petitioner's research progress relating to the treatment of I disorders bas affected her field. As 
corroborating documentation regarding the significance of her work, the Petitioner provided evidence 
showing that her published work has been frequently cited by independent researchers. Her experience 
and expertise as a I published articles, citation evidence, record of success contributing to 
various research projects , and progress in her field position her well to advance her proposed endeavor. 
Accordingly, the Petitioner has demonstrated that she satisfies the second prong of the Dhanasar 
framework. 
C. Balancing Factors to Determine Waiver's Benefit to the United States 
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. 6 As a I I with a Ph.D., the Petitioner possesses considerable experience and 
expertise in her research field. The record also demonstrates the widespread public health benefits 
associated with research progress in improving treatment forl !disorders and other I 
diseases. In addition, the Petitioner has documented her past successes in advancing research relating 
5 "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 USCJS Policy Manual F.5(D)(2), https://www.uscis.gov /policy-manual. 
6 When evaluating the third prong, USCIS 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 USCIS Policy Manual , supra, at F.5(D)(2). 
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to the treatment ofl I disorders and publishing influential research findings. Based on the 
Petitioner's track record of successful research and the significance of her proposed work to advance U.S. 
public health interests, we conclude that she 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 she has established 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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