sustained EB-2 NIW Case: Organic Chemistry

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: APR. 23, 2024 In Re: 30361246 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, a research scientist in the field of organic chemistry, 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 the Petitioner did not 
establish that a waiver of the classification's job offer requirement, and thus of the labor certification, 
would be 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 Christo 's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). 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. Section 203(b )(2)(B)(i) of the Act. 
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. 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 Petitioner is a research scientist in the field of organic chemistry. She earned a doctoral degree in 
organic chemistry from the I I in Iran. At the time of filing she was 
employed as a research scientist at thel Iin the Food and Drug 
Administration control laboratory. The Director concluded that she is eligible as a member of the 
professions holding an advanced degree. Therefore, the sole issue on appeal is whether she is eligible 
for, and merits as a matter of discretion, a national interest waiver. 
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 Petitioner proposes "to continue her research on developing green and environmentally friendly 
synthetic methods for preparing biologically and medically relevant nanomaterials, organic 
compounds, and carbon dots in order to improve environmental remediation methods, such as 
wastewater treatment, pollutant absorption, and green chemistry." Her research focuses on food 
safety, purification of water pollutants, and synthesis of new compounds and catalysts with biological 
and medicinal properties. In her decision, the Director concluded that the Petitioner's proposed 
endeavor was of substantial merit and national importance. Based on our review of the record, we 
agree. As we noted in Dhanasar, endeavors related to research, pure science, and the furtherance of 
human knowledge may be of substantial merit without any economic benefits. Id. In addition, many 
proposed endeavors aiming to advance STEM technologies and research are of substantial merit. See 
generally 6 USCIS Policy Manual F.5(D)(2), www.uscis.gov/policy-manual. Here, the proposed 
endeavor's substantial benefits to science, including food safety and environmental protection, have 
been demonstrated through several expert letters and government reports. 
To support the national importance of her proposed endeavor the Petitioner submitted evidence of her 
research on reducing chemical waste in wastewater remediation. This was further supported by letters 
written by experts in the Petitioner's field, including of the 
Iwho was her doctoral advisor. The Petitioner additionally submitted White House 
1 See also Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Ninth, Eleventh, and D.C. Circuit Courts (and 
Third in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver to be 
discretionary in nature). 
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guidance identifying environmental protection as a crucial element of national security. We agree that 
this specific evidence of her research shows the national importance of her proposed endeavor. 
B. Well-Positioned to Advance the Proposed Endeavor 
The second prong shifts the focus from the proposed endeavor to the individual. To determine whether 
they are well-positioned to advance the proposed endeavor, we consider factors including, but not 
limited to: their 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. Id. at 890. 
The Director determined that the Petitioner did not establish that she is well-positioned to advance her 
proposed endeavor, but as the Petitioner asserts on appeal, the Director did not sufficiently explain the 
analysis of the evidence to identify specific reasons for this conclusion. 8 C.F.R. § 103.3(a)(l)(i). Our 
review of the record shows by a preponderance of the evidence that the Petitioner is well-positioned 
to advance her proposed endeavor. 
As previously noted, the Petitioner earned a Ph.D. in organic chemistry, a STEM field directly related 
to her proposed endeavor. Since that time, she has worked as a research scientist in this field, gaining 
advanced skills and knowledge. The results of this research have appeared in journal articles authored 
by the Petitioner, which have been cited by other researchers in their own published work. Two of 
her cited papers rank in the top 10% and 20% of most-cited papers in her field, demonstrating her 
record of success in advancing her proposed endeavor. head of theI I 
I Iat the states in his expert 
opinion letter that the Petitioner has developed a method of safely and effectively removing methylene 
blue, which is a carcinogenic, toxic, non-biodegradable and long-term hazardous textile dye, from 
wastewater. He states that this development allows for increased environmental protection "without 
disrupting the textile industry's production process" and contributions to the U.S. economy. In 
addition, the Petitioner has presented a plan for continuing her research in the areas of food safety, 
waste and wastewater pollution, biopharmaceutics, and green chemistry with sustainable 
development. Considering the totality of this evidence and its support of the nonexclusive second 
prong factors provided in Dhanasar, we conclude that the Petitioner is well-positioned to advance her 
proposed endeavor. 
C. Whether on Balance a Waiver is Beneficial 
The third prong requires a 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, we may evaluate factors such as: whether, in light of the nature of the individual's 
qualifications or the proposed endeavor, it would be impractical either for them to secure a job offer 
or to obtain a labor certification; whether, even assuming that other qualified U.S. workers are 
available, the United States would still benefit from their contributions; and whether the national 
interest in their contributions is sufficiently urgent to warrant forgoing the labor certification process. 
In each case, the factor(s) considered must, taken together, establish 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. 
Id. at 890-91. 
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In her decision, the Director lists the factors to be considered under the third prong of the Dhanasar 
framework but did not fully analyze the Petitioner's statements or evidence submitted in support of 
the benefits of waiving the labor certification process in her case. On appeal, the Petitioner again 
refers to an urgent national interest in environmental stewardship and her proposed endeavor in this 
area, as well her established positioning to advance her proposed endeavor. She also notes an expert 
opinion from I I the founder and chief executive officer of a research company working 
to improve the sustainability and performance of feed protein for dairy. I !discusses the 
application of the Petitioner's research, using carbon dots as a sensor to detect harmful chemicals, to 
studying the effects of color additives in food, drugs, cosmetics, and medical products. In addition to 
these considerations, we note the national importance in reducing the exposure of harmful chemicals 
to people and the environment, the Petitioner's record of success in her previous research projects, and 
the interest of other researchers and government agencies in her work. We therefore conclude that the 
benefits to be provided by her proposed endeavor, even if other U.S. workers are available, outweigh 
the benefits inherent in the labor certification process, and are therefore sufficient to justify a waiver 
of the EB-2 classification's job offer requirement. 
III. CONCLUSION 
The Petitioner has established her eligibility for a national interest waiver under the Dhanasar 
analytical framework, and we conclude that the waiver is warranted as a matter of discretion. 
ORDER: The appeal is sustained. 
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