sustained EB-2 NIW Case: Neuroscience

U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-S-W-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 20, 2015 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a neuroscience researcher, seeks classification as a member of the professions 
holding an advanced degree. See Immigration and Nationality Act (the Act) § 203(b)(2), 8 U.S.C. 
§ 1153(b )(2). The Director, Texas Service Center, denied the immigrant visa petition. The matter is 
now before us on appeal. The appeal will be sustained. 
The Petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor 
certification, is in the national interest of the United States. The Director found that the Petitioner 
qualifies for classification as a member of the professions holding an advanced degree, but that the 
Petitioner has not established that an exemption from the requirement of a job offer would be in the 
national interest of the United States. On appeal, the Petitioner submits a brief and additional 
evidence. 
I. LAW 
Section 203(b) of the Act states, in pertinent part: 
(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 of Job Offer-
(i) ... the 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. 
(b)(6)
Matter of M-S- W-
II. ISSUES 
The Petitioner received a Ph.D. in Neuroscience (2007) from in 
South Korea. Accordingly, the Petitioner qualifies as a member of the professions holding an advanced 
degree. The sole issue in contention is whether the Petitioner has established that a waiver of the job 
offer requirement, and thus a labor certification, is in the national interest. 
Neither the statute nor the pertinent regulations define the tenn "national interest." Additionally, 
Congress did not provide a specific definition of "in the national interest." Matter of New York State 
Dep't ofTransp . (NYSDOT), 22 I&N Dec. 215, 217-18 (Act. Assoc. Comm'r 1998), set forth several 
factors which must be considered when evaluating a request for a national interest waiver. First, a 
petitioner must establish that she seeks employment in an area of substantial intrinsic merit. !d. at 217. 
Next, a petitioner must demonstrate that the proposed benefit will be national in scope. !d. Finally, the 
petitioner seeking the waiver must show that she will serve the national interest to a substantially greater 
degree than would an available U.S. worker having the same minimum qualifications. !d. at 217-18. 
The Petitioner has established that her work as a neuroscience researcher in an area of substantial 
intrinsic merit and that the proposed benefits of her research to develop treatment methods for 
neurodegenerative diseases would be national in scope. It remains, then, to determine whether the 
Petitioner will benefit the national interest to a greater extent than an available U.S. worker with the 
same minimum qualifications . 
Although the national interest waiver hinges on prospective national benefit, the petitwner must 
establish her past record justifies projections of future benefit to the national interest. !d. at 219. The 
petitioner's subjective assurance that she will, in the future, serve the n~tional interest cannot suffice to 
establish prospective national benefit. The inclusion of the term "prospective" is used here to require 
future contributions by the petitioner, rather than to facilitate the entry of an individual with no 
demonstrable prior achievements, and whose benefit to the national interest would thus be entirely 
speculative. !d. 
Furthermore, eligibility for the waiver must rest with the petitioner 's own qualifications rather than 
with the position sought. Assertions regarding the overall importance of a petitioner's area of 
expertise cannot suffice to establish eligibility for a national interest waiver. !d. at 220. At issue is 
whether this petitioner's contributions in the field are of such significance that she merits the special 
benefit of a national interest waiver, a benefit separate and distinct from the visa classification she 
seeks. A petitioner must demonstrate a past history of achievement with some degree of influence 
on the field as a whole. !d. at 219, n. 6. In evaluating the petitioner 's achievements, original 
innovation, such as demonstrated by a patent, is insufficient by itself. Whether the specific 
innovation serves the national interest must be decided on a case-by-case basis. !d. at 221, n. 7. 
2 
(b)(6)
Maiter of M-S- W-
III. FACTS AND ANALYSIS 
The Petitioner filed the Form I-140, Immigrant Petition for Alien Worker, on April 29, 2014. At the 
time of filing, the Petitioner was working as a postdoctoral fellow at the 
at -
The Director determined that the Petitioner's impact and influence on her field did not satisfy the third 
prong of the NYSDOT national interest analysis. 
The Petitioner seeks to continue her research at to develop improved medical therapies for 
treating neurological diseases. The record includes documentation of numerous journal articles that 
the Petitioner has written or co-written, and evidence demonstrating that her published work has 
been extensively cited. For example, according to a Google Scholar citation index submitted on 
appeal, the Petitioner's published articles have been cited to 775 times by .others in the field. In 
addition, the Petitioner provided various reference letters discussing her work in the field. 
1 
Regarding the Petitioner's planned research activities, Associate Professor of 
Neuroscience, _ stated: "[The Petitioner] joined my lab as a postdoctoral fellow 
in March 2013. [The Petitioner 's] main line of research is to investigate the role of CD36 receptor in 
stroke.... These interesting studies could potentially lead to stage specific therapy to treat stroke 
patients." With respect to the Petitioner's prior research work, asserted: 
[The Petitioner] was able to determine that dbcAMP is mediated through both protein 
kinase A-dependent and -independent pathways. This was a groundbreaking outcome 
as it demonstrated to researchers that cAMP modulates microglia activation in a 
diverse and complex manner. As such, researchers have been able to more clearly 
understand how to use anti-inflammatory agents to control microglia activation that 
contribute to numerous diseases affecting the brain. This has been critical to 
producing more effective therapies for Alzheimer's disease, Parkinson 's disease, 
multiple sclerosis, stroke, and brain trauma. 
In regard to the Petitioner's work to advance treatments for nervous system conditions, 
Assistant Professor of Pediatrics, , indicated that 
the Petitioner has "made significant progress in this area through her research on the function of matrix 
metalloproteinases, or MMPs, in microglial activation and neuronal cell death." further 
stated: "[The Petitioner's] findings ... show that intervening to inhibit MMP-3 and MMP-9 would be 
an excellent therapeutic strategy for treatment of inflammatory diseases in the nervous system caused 
by over-activation of microglial cells." In addition, explained the significance of the 
Petitioner's findings concerning the tissue inhibitor of metalloproteinase (TIMP-2): 
[The Petitioner] found that TIMP-2 over-expression attenuated cell deaths and conferred 
a greater degree of protection on neuron cells. She also reported that TIMP-2 expression 
1 We discuss only a sampling of these letters, but have reviewed and considered each one. 
3 
(b)(6)
Matter of M-S-W-
was significantly reduced in mRNA and protein levels in cells killed by neurotoxins. In 
effect, [the Petitioner] revealed for the first time ... that TIMP-2 plays a neuroprotective 
role in doparninergic neuronal cell death. Practically speaking, it also offers a new 
therapeutic strategy based on TIMP-2 expression enhancement to treat Parkinson's 
disease. 
and Distinguished Professor and Chair, Department of 
Pediatrics, . also indicated that the Petitioner discovered "that TIMP-2 is useful in treating 
neurodegenerative diseases such as Parkinson's disease." Furthermore , regarding the Petitioner 's 
work on MMP-9 inhibitors, stated that the Petitioner's "research has expanded the 
approaches that researchers can use to treat brain tumors effectively." Additionally, 
Professor, Department of Molecular Medicine, commented on the Petitioner's influential 
work with MMP inhibitors. Specifically, asserted that the Petitioner was able to show "that 
MMP-3 and MMP-9 inhibition would be constructive approaches for limiting inflammation connected 
to neurological disease" and that the Petitioner "produced considerable breakthroughs in locating 
substances that can control MMP-9, which causes astroglioma" (malignant tumors in the brain and 
spinal cord). 
a principal investigator in the Department of Experimental Surgery at the 
and Editor-in-Chief of 
mentioned the Petitioner's study concerning the effects of curcumin on MMP-9. stated 
that the Petitioner's findings "indicate that curcurnin can be used as an effective therapeutic agent in 
brain tumor treatment and control" and that curcurnin's "incorporation into medical therapies is 
imminent." further stated that he has "relied upon [the Petitioner's] work" and that it 
"represents a true pioneering achievement in showing how curcumin's molecular activity produces 
extremely beneficial consequence[s] in treating cancerous cells." The Petitioner's appellate 
submission includes a Google Scholar citation index reflecting that her article entitled "Curcumin 
suppresses phorbol ester-induced matrix metalloproteinase-9 expression by inhibiting the PKC to 
MAPK signaling pathways in human astroglioma cells" has been cited to 133 times by others in the 
field. An extensive number of favorable independent citations for an article authored by a petitioner 
is an indication that other researchers are familiar with her work and may have been influenced by it. 
Professor, Department of Neurology , s tated that the Petitioner 's 
"research demonstrated that inhibition of CD36 is not a good therapeutic target for protection after 
acute neonatal stroke." In addition, explained that the Petitioner's work "provided new 
insights on CD36 signaling during neonatal stroke that can be used to develop new strategies and 
alternative therapeutic targets to treatment." 
Assistant Professor , Department of Cellular and Molecular Medicine, 
asserted that the Petitioner "devised and inventive ginseng saponin metabolite" known as 
further stated: 
4 
(b)(6)
Matter of M-S- W-
[The Petitioner] observed that suppressed the in vitro invasiveness of 
glioma cells, which proves that . can be used as a treatment to control the 
growth and invasiveness of brain tumors. This is a monumental finding in brain 
tumor research and finally provides the field with a method that can be used for 
treatment purposes in brain tumor patients. 
The aforementioned letters of support and extensive citation of the Petitioner's work by others in the 
field are sufficient to demonstrate that the Petitioner's research has had a degree of influence on the 
field of neuroscience. In addition, the letters provided by the Petitioner give context to her work and 
explain its importance in ways that the additional evidence in the record otherwise corroborates. The 
submitted documentation establishes the significance of this Petitioner's research, as opposed to the 
general area of research, and identifies specific benefits attributable to her work that have influenced the 
field as a whole. We therefore find that the Petitioner's past record of achievement justifies 
projection that she will serve the national interest to a significantly greater degree than would an 
available U.S. worker having the same minimum qualifications. 
IV. CONCLUSION 
As discussed above, the evidence in the record demonstrates that the benefit of retaining this petitioner's 
services outweighs the national interest that is inherent in the labor certification process. Therefore, on 
the basis of the evidence submitted, the Petitioner has established that a waiver of the requirement of a 
job offer, and thus of a labor certification, will be in the national interest of the United States. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter ofM-S-W- , ID# 14487 (AAO Nov. 20 , 2015) 
5