sustained EB-2 NIW Case: Medicine

MATTER OF U-H-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 31, 2018 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a surgeon and 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. § l 153(b)(2). After a petitioner has established eligibility for EB-2 
classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, 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. Matter of Dhanasar, 26 I&N 
Dec. 884 (AAO 2016). 
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, finding that the Petitioner 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 evidence and asserts that he is eligible for a national 
interest waiver under the Dhanasar framework. 
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. 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. -
Matter of U-H-
(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 of job 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. 884.1 Dhanasar states that after EB-2 eligibility has been established, 
USCIS may, as a matter of discretion, grant a national interest waiver when the below prongs are 
met. 
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 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSD01). 
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Matter of U-H-
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.2 
II. ANALYSIS 
Although not addressed in the Director's decision, the record demonstrates that the Petitioner 
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. 
For the reasons discussed below, we find the Petitioner has established eligibility for a national 
interest waiver under the analytical framework set forth in Dhanasar. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
At the time of filing, the Petitioner was working as a trauma surgeon at 
in South Korea. He states that he intends "to study for a better understanding of the breast 
cancer development and the better treatment methods for the 
cases using the cancer genome analysis." The Petitioner goes on to state that the 
School of Medicine is the best place for cancer research based on population genetics using 
bioinformatics tools," and that "my expertise in the field that I have accumulated through my 
extensive studies in breast cancer research and clinical knowledge will be a great asset." A letter 
from Assistant Professor at the states that once the Petitioner 
is grante permanent residency, "I am willing to engage in research work with him and help him to 
further develop his expertise within my group or in a new position."4 
The Petitioner submits several articles about the need for continuing research for the treatment of 
and other types of breast cancer. As such, we find that his proposed research has substantial 
merit. 
To satisfy the national importance requirement, the Petitioner must demonstrate the "potential 
prospective impact" of his work. His evidence includes letters of support from colleagues discussing 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 The Petitioner presented an academic credentials evaluation indicating that his Ph.D. certificate from the _ 
is the foreign equivalent of a Ph.D. in medicine from a regionally accredited institution of higher education in the 
United States. See 8 C.F.R. § 204.5(k)(3)(i)(A). 
4 We note that, while information about the nature of the Petitioner's proposed endeavor is necessary for us to determine 
whether he satisfies the Dhanasar framework, he need not have a job offer from a specific employer as he is applying for 
a waiver of the job offer requirement. 
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Matter of U-H-
the potential benefits of continuing his research in the treatment of breast cancer. For instance, 
of indicates that the results of the Petitioner's study of 
skin-sparing mastectomies showed the efficacy of this procedure, "opening up opportunities for 
these patients to spare more of their skin during the mastectomy and achieve better cosmetic 
results ... " In addition, the Petitioner has submitted documentation indicating that the benefit of his 
proposed research has broader implications, as the results are disseminated to others in the field 
through medical journals and conferences. Accordingly, we find that the Petitioner 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. He submits copies 
of his educational credentials, including a Ph.D. degree in medicine, as well as several certificates 
showing his completion of professional workshops and membership in professional associations. 
Also, the record contains copies of numerous articles co-authored by the Petitioner that were 
published in medical journals, as well as copies of abstracts presented at conferences. This evidence, 
together with several reference letters from his fellow medical professionals and researchers that 
explain how the Petitioner has advanced the field's knowledge in the diagnosis and surgical 
treatment of breast cancer, shows that he is well positioned to advance his proposed research in the 
United States. 
For example, discusses an article that was coauthored by the Petitioner in 2006. 5 He 
indicates that this study, which analyzed the changing patterns in the occurrence of breast cancer in 
Korean women, has been frequently cited by other researchers, and states that "it can offer valuable 
information to screen and treat breast cancer in constantly increasing Asian immigrant population in 
the US. [sic]." The record, which in part includes evidence of the frequency with which other 
researchers have cited to this study, corroborates the significance of his findings and provides an 
example of the Petitioner's track record of successful research projects. 
of describes two additional studies coauthored by 
the Petitioner in 2004 which focused on breast cancer screening and surgical treatment, and asserts 
that the Petitioner's "forte for developing a further understanding of breast cancer genes and 
treatments has already been put to good use by other researchers in the field." Again, the record 
supports statement by showing the citation to these studies by numerous researchers 
in the field. In addition, of the College of Medicine 
submits a letter discussing three of the Petitioner's breast cancer research projects, including one 
completed in 2016 and recently published, and concludes that he "has already remarkably expanded 
our field's understanding of breast reconstruction procedures and characteristics of early diagnoses 
of breast cancer." 
5 "Changing patterns in the clinical characteristics of Korean patients with breast cancer during the last 15 years," Arch. 
Surg. 2006; 141(2): 155-60. 
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Matter of U-H-
The Petitioner's experience and expertise in his field, published work and its impact upon other 
researchers, record of success in contributing to research projects, and progress in the area of 
advancing the study of breast cancer surgical procedures and other treatments position him well to 
advance his proposed endeavor. We therefore find that he 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. As a surgeon and cancer researcher, the Petitioner possesses considerable experience 
and expertise in breast cancer screening and treatment methods, including surgery. The record also 
demonstrates the widespread benefits associated with research developments in his field and their 
broad application in cancer research. The Petitioner has documented his past successes in advancing 
medical research and providing influential research findings. In addition, his work has garnered 
interest from other researchers in the medical community who used it to further their own research. 
Based on the Petitioner's track record of successful research and the significance of his ongoing 
studies into breast cancer treatments, 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. 
Cite as Matter of U-H-, ID# 1483 877 (AAO Aug. 31, 2018) 
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