sustained EB-2 NIW Case: Organic Chemistry

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacj 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
PUBLIC COPY 
IN RE: 
PETITION: 
 Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced 
Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration 
and Nationality Act, 8 U.S.C. § 1153(b)(2) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Appeals Office 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will 
sustain the appeal and approve the petition. 
The petitioner seeks classification pursuant to section 203(b)(2) of the Immigration and Nationality Act 
(the Act), 8 U.S.C. § 1153(b)(2), as a member of the professions holding an advanced degree. The 
petitioner is a postdoctoral researcher at the University of Texas Southwestern Medical Center 
(UTSMC), Dallas. 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 had 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 citation documentation and a personal statement. 
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. 
The director did not dispute that 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 term "national interest." Additionally, 
Congress did not provide a specific definition of "in the national interest." The Committee on the 
Judiciary merely noted in its report to the Senate that the committee had "focused on national interest by 
increasing the number and proportion of visas for immigrants who would benefit the United States 
economically and otherwise. . . ." S. Rep. No. 55, 101 st Cong., 1 st Sess., 1 1 (1 989). 
Supplementary information to the regulations implementing the Immigration Act of 1990 (IMMACT), 
published at 56 Fed. Reg. 60897,60900 (November 29, 1991), states: 
The Service [now U.S. Citizenship and Immigration Services] believes it appropriate to 
leave the application of this test as flexible as possible, although clearly an alien seeking 
to meet the [national interest] standard must make a showing significantly above that 
necessary to prove the "prospective national benefit" [required of aliens seeking to 
qualify as "exceptional."] The burden will rest with the alien to establish that exemption 
from, or waiver of, the job offer will be in the national interest. Each case is to be 
judged on its own merits. 
Matter of New York State Dept. of Transportation, 22 I&N Dec. 215 (Cornrnr. 1998), has set forth 
several factors which must be considered when evaluating a request for a national interest waiver. First, 
it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must 
be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver 
must establish that the alien will serve the national interest to a substantially greater degree than would 
an available U.S. worker having the same minimum qualifications. 
It must be noted that, while the national interest waiver hinges on prospective national benefit, it clearly 
must be established that the alien's past record justifies projections of future benefit to the national 
interest. The petitioner's subjective assurance that the alien will, in the future, serve the national interest 
cannot suffice to establish prospective national benefit. The inclusion of the term "prospective" is used 
here to require future contributions by the alien, rather than to facilitate the entry of an alien with no 
demonstrable prior achievements, and whose benefit to the national interest would thus be entirely 
speculative. 
We also note that the regulation at 8 C.F.R. 5 204.5(k)(2) defines "exceptional ability" as "a degree 
of expertise significantly above that ordinarily encountered" in a given area of endeavor. By statute, 
aliens of exceptional ability are generally subject to the job offerllabor certification requirement; 
they are not exempt by virtue of their exceptional ability. Therefore, whether a given alien seeks 
classification as an alien of exceptional ability, or as a member of the professions holding an 
advanced degree, that alien cannot qualify for a waiver just by demonstrating a degree of expertise 
significantly above that ordinarily encountered in his or her field of expertise. 
The petitioner filed the petition on July 23, 2007. In a statement accompanying the initial filing, the 
petitioner stated: 
I have extensive experience in the nationally critical field of organic chemistry, focusing 
on the development of new synthetic methodology and the synthesis of biologically 
important natural products. . . . 
Page 4 
[Wlhile pursuing my doctoral degree at the University of Missouri [UM] at St. Louis, I 
successfully synthesized non-racemic allylic hydroxy phosphonates, which are used in 
the synthesis of natural or biologically active compounds as single enantiomers 
(stereoisomers) that are of paramount importance in the drug development process. . . . 
In the last year of my graduate research, I made one of the most important contributions 
to the organic chemistry field by developing a novel method for the synthesis of nitrogen 
and oxygen heterocycles by palladium catalyzed cyclization. This reaction is highly 
efficient and stereoselective, and the products are extremely important substructures 
which frequently appear in numerous bioactive natural products (many of them have 
never been synthesized yet). . . . 
I have continued my record of significant scientific achievement as a post-doctoral 
researcher at the University of Texas southwestern Medical Center . . . by making 
outstanding contributions to bioactive natural product synthesis and to the development 
of new synthetic methodologies. One of the most prominent contributions is the first 
total synthesis and stereochemical assignment of FR25292 1, a promising 
immunosuppressant. . . . It is a potential immunosuppressive drug to prevent rejection of 
transplanted organs and to treat autoimmune diseases. . . . 
In addition, I have made tremendous contributions to the development of several new 
chemical procedures utilizing novel organochromium and organoiron reagents. 
The petitioner submitted copies of his published articles, and stated: "Due to my revered standing in the 
research community, my research has been cited numerous times by leading experts and scientists 
throughout the field. . . . These citations can surely prove the impact of my research work in the field of 
organic synthesis." A printout from a citation database showed citations for four of his articles. 
The petitioner submitted six witness letters with the initial filing. UM Professor- 
stated: 
I was the Ph.D. advisor of [the petitioner] and I have known him since he joined my 
research group in 2000. . . . 
[The petitioner] started his PhD research in my laboratory on the asymmetric synthesis 
of 1-substituted phosphonates. . . . 
[The petitioner] continued this project and synthesized a series of functionalized 
phosphonates by reaction of the non-racemic allylic hydroxy phosphonates with 
functionalized alkenes using ruthenium catalyzed cross-metathesis. . . . These hctional 
allylic hydroxy phosphonates are extremely useful synthetic intermediates. . . . 
Page 5 
In the last year of [the petitioner's] research, he expanded this methodology and made 
one of the most important contributions to the organic chemistry field by developing a 
novel method for the synthesis of tetrahydrohans (thf) and tetrahydropyrans (thp). . . . 
[The petitioner's] achievements demonstrate that he is a tremendous organic chemist at 
the top of his field. His ability in designing reactions and solving problems is 
outstanding. 
[The petitioner] was able to develop a unique stereoselective synthesis of nitrogen and 
oxygen heterocycles through palladium catalyzed addition of nitrogen and oxygen 
nucleophiles to the allylic phosphonates. The products, nitrogen and oxygen 
heterocycles, are core structures of numerous biologically active natural products. This 
is the first instance in which phosphorus was utilized to synthesis [sic] these 
synthetically useful organic intermediates. 
The witnesses quoted above described the petitioner's doctoral studies in technical detail, but did not 
explain why this work was particularly significant. The assertion that the petitioner was the first to 
achieve a particular reaction or synthesis is not remarkable in and of itself, unless we start from the 
unlikely presumption that most chemical researchers in academia devote their time to duplicating the 
work of others rather than attempting new discoveries. 
Since joining my laboratory in August 2005, [the petitioner] has made significant 
contributions to several research projects. One of the most prominent is the first total 
synthesis and stereochemical assignment of FR25292 1, a promising immunosuppressant 
that operates by a unique mechanism of action. . . . My research group had worked on 
FR252921 for two years before [the petitioner] assumed responsibility for the project 
and brought the synthesis to a successful conclusion. . . . Since then, research groups in 
France and China have contacted us for the detail[ed] experimental procedures to assist 
in their own programs in this area. After achieving the milestone of preparing 
FR252921 and some analogs, [the petitioner] initiated a collaboration with a prominent 
imrnunologistin, M.D., at UT Southwestern to identify the specific 
molecular target of FR252921 and evaluated as a potential first-in-class therapy for 
several intractable autoimmune diseases. 
The remaining initial witnesses have not worked with the petitioner. - of the 
University of Iowa, Iowa City, described the petitioner's work in technical detail and stated that the 
"has already made a significant impact in the fields of organic synthesis and drug discovery." 
Page 6 
[The petitioner] successfully finished the total synthesis of FR252921. . . . It drew a 
great deal of attention from organic chemists. . . . Notably, nobody else has completed a 
total synthesis of FR252921 until now. . . . [The petitioner] was the first scientist to 
finish the total synthesis of this compound, and elucidated its absolute structure . . . 
which could eventually lead to the development of a new immunosuppressive drug. I 
strongly believe this achievement will positively impact the field of immunology and 
will draw more attention fiom both organic chemists and immunologists in the future. 
Carolina, stated: 
[The petitioner's] work not only provided the first synthesis of FR25292 1 confirming its 
structure but it also provided a modular synthetic pathway to other potential 
immunosuppressants. . . . Having the possibility of more diverse molecules in hand may 
lead to a major breakthrough in better understanding the immunological and 
pathological mechanisms of the autoimmune diseases. 
On August 21, 2008, the director issued a request for evidence, instructing the petitioner to submit 
further documentation of the citation of his work, including copies of citing articles. In response, the 
petitioner submitted a table, which he himself apparently prepared, showing citations of six of his 
articles. The petitioner also submitted two overlapping printouts from different citation databases. The 
petitioner also submitted copies of 27 citing articles. 
The petitioner submitted a printout of the July 16, 2007 edition of the American Chemical Society's 
Heart Cut, described by its publisher as "a weekly feature . . . that collects and summarizes innovative 
ideas from the larger body of chemical literature." A piece in Heart Cut reported: "J.R. Falck and co- 
workers . . . developed a synthesis strategy" for FR252921. 
The petitioner also submitted several new independent witness letters. 1 
of Emory University, Atlanta, Georgia, stated: 
[The petitioner] demonstrated outstanding skills as a synthetic organic chemist. . . . He 
was the first person to finish the total synthesis and stereochemical assignment of the 
natural product FR 252921, which drew a great deal of attention from medicinal 
chemists due to its unique structure and potent immunosuppressive activity. . . . 
Besides his extraordinary accomplishments in the total synthesis of biologically active 
natural products, [the petitioner] has also made great contributions in the development of 
new processes and synthetic methods for chiral, non-racemic biologically active 
compounds. . . . 
Recently, my own research group developed a unique process . . . [of] transformation of 
organosulfur compounds that occurs under mild conditions. [The petitioner's] new 
method for the asymmetric synthesis of a-(hydroxyalky1)stannanes came right on time 
for our project. . . . 
In my opinion, [the petitioner] is genuinely outstanding. 
with the synthesis of a-hydroxy phosphonates "has attracted significant attention in the organic 
synthesis community." He also stated: 
I have worked on the stereoselective synthesis of a-hydroxy and a-amino stannanes 
for 20 years. . . . There were totally more than 10 different methods published world- 
wide, including many from my lab, on the stereoselective synthesis of a- 
hydroxystannanes. However, a practical, widely adapted synthetic route was still not 
available before [the petitioner's] method came out. . . . [Hlis synthetic method is by 
far the most efficient, practical method for the asymmetric synthesis of a- 
hydroxystannanes. . . . [W]e are already using this method in my laboratory. 
of the University of Kansas, Lawrence, described several of the petitioner's 
graduate and postdoctoral projects, and stated that the petitioner's synthesis of FR252921 "is a huge 
achievement." 
detail and praised its "high quality." 
The director denied the petition on November 6,2008, stating: 
[Ylou failed to submit the requested list of citations of you publications from a 
respected professional citation service. Instead, you have submitted an un-acceptable 
self-generated "List of publications that cited my papers." The lack of this evidence 
seriously affects the ability of the Service to adequately access [sic] the impact of your 
publications on your field of endeavor. 
On appeal, the petitioner stated: "I was only asked to submit copies of published articles by other 
researchers citing my research, but NOT specifically a list of citations of my publications." The 
director, in the request for evidence, did ask for a printout from a citation database and "a citation list," 
and the record shows that the petitioner did submit two printouts from identified citation databases to 
accompany the petitioner's self-generated citation table. 
More fundamentally, the petitioner had submitted copies of over two dozen citing articles. These 
articles are, by definition, first-hand proof of citation of the petitioner's articles. The director did not 
explain why the articles themselves were not sufficient evidence of the citation of the petitioner's work. 
In the denial notice, the director found that the witness letters offered only general information about the 
petitioner's work and "do not persuasively show that [the petitioner has] had an impact on the field" that 
would justify a waiver. On appeal, the petitioner contests this finding, noting that the letters, including 
several from independent witnesses, provided specific details about his work and its significance. 
Upon careful review of the record, we find that the petitioner has submitted satisfactory evidence of 
eligibility. The petitioner has documented several citations of his work. The number of citations, by 
itself, does not appear to be sufficient to establish eligibility, but the petition does not rest solely on 
those citations. The petitioner has also submitted credible and persuasive letters from a wide variety 
of independent witnesses who have attested, in detail, to the significance and value of the 
petitioner's work. While not all of these details are clear to laypersons, in the aggregate the letters 
point out clearly enough that the petitioner has produced well-received solutions to difficult 
problems in his specialty. The witnesses do not simply assert that the petitioner was the first to 
perform some action, as though being the first were sufficient to qualify him for the waiver (which is 
not the case). Furthermore, the record shows that the petitioner's work has significant real-world 
applications (such as in medicine); its significance is not limited only to a rarefied few in an obscure 
academic subspecialty. 
It does not appear to have been the intent of Congress to grant national interest waivers on the basis of 
the overall importance of a given field of research, rather than on the merits of the individual alien. 
That being said, the evidence in the record establishes that the scientific community recognizes the 
significance of this petitioner's research rather than simply the general area of research. The benefit of 
retaining this alien'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 an approved labor certification will be in the national interest of the United States. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. 5 1361. The petitioner has sustained that burden. Accordingly, the decision of the director 
denying the petition will be withdrawn and the petition will be approved. 
ORDER: 
 The appeal is sustained and the petition is approved.