sustained EB-2 NIW Case: Pathology And Cellular Biology

MATTER OF M-M-O-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 17, 2019 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a physician researcher specializing in pathology and cellular biology, 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: (l) 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. Maller 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 qualified for classification as a member of the professions 
holding an advanced degree, but that he 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 additipnal evidence and contends 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 n~tional 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: 
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(2) Aliens who are members of the professions holding advanced degrees or aliens of 
exceptional ability. -
(A) ln 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 th!! 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 <~f 
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 trte 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, s~ience, technology, culture, health, or education. [n 
determining whether the proposed endeavor has nationaJ 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. [n 
performing this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the 
1 In announcing this new framework, we vacated our prior precedent. decision, Maller of New fork Stale Department <!f 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (N>'SD07). 
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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 ce11ification; 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 ·nati~:mal 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 
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 a physician researcher in the 
residency program at of and 
He indicates that his work there involves conducting translational biomedical 
research and providing clinical care in pathology ard laboratory medicine. Regarding his future 
plans, the Petitioner's evidence includes a letter from ===== offering him "a 
position as a fellow in Hematopathology" at a letter from 
offering -him a M.olecular Genetic Pathology fellowship in its 
Department of Pathology, and his recent communications with 
relating to a job opportunity for physician researcher position. 4 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. Su.bstantial Merit and National Importance of the Proposed Endeavor 
The Petitioner indicates that he seeks to continue his research "to advance our knowledge of 
molecular genetic basis of hematologic.al malignancies, to characterize therapeutically targetable 
pathways and genetic changes and further, to utilize this knowledge for molecular classification and 
help guide personalized therapeutic strategies." He further states that his immediate "research focus 
will be on continuing his work on autophagy in platelets ."5 In addition, the Petitioner asserts : "l 
wish to expand my study on role of bone marrow microenvironment in treatment-resistant acute 
myeloid leukemia. _Other areas of interest that I have arc_ molecular classification of hematological 
2 See Dhanasar, 26 l&N Dec. at 888-91, for elaboration on these three prongs. 
3 The Petitioner received a Ph.D. in Biochemistry from in 2012. 
4 As the Petitioner is applying f~r a waiver of the job offer requirement, it is not necessary for him to have a job offer 
from a specific employer. However1 we consider information about these positions to illustrate the capacity in which he 
intends to work. 
5 The appellate submission includes a copy of his detailed research proposal relating to integrated autophagy regulation 
and autophagy-based therapeutics design. In blood cancers such as acute myeloid leukemia, modulating autophagy has 
been proposed as a novel therapy. 
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malignancies and challenges in verification of targetable mutations identified routinely in a cost­
effective manner ." We find that the Petitioner's proposed research aimed at understanding and treating 
hematological malignancies such as acute myeloid leukemia has substantial merit. 
To satisfy the national importance requirement, the Petitioner must demonstrate the "potential 
prospective impact" of his work. The record includes letters of support discussing how the 
Petitioner's proposed work stands to advance hematological cancer research in the United States . 
For instance, in Cancer Research at states 
that the Petitioner ''continues to perfom1 work that provides and extends. both our fundamental 
understanding of the mechanisms behind carcinogenesis and potential cancer therapies." In addition, 
points to "the prevalence of healthcare problems arising from cancers in the United 
States" and asserts that the Petitioner's "research carries real and substantial possibilities .and 
implications for developing new approaches to addressing this nati9nal and international epidemic ." 
Similarly, Professor of Medicine at contends that the 
Petitioner's research "will help to lessen the burden of cancer, the second leading cause of death in 
the USA, which directly and indirectly impacts a substantial proportion of American citizens." 
Furthermore, the Petitioner has submitted documentation indicating that the benefit of his proposed 
research has broader implications for the field, as the results are disseminated to others in the field 
through medical journals and conferences. As the Petitioner has documented both the substantial 
merit and national importance of his proposed research, we find that he meets the first prong of the 
Dhanasar framework . 6 
B. Well Positioned to Advance the Proposed Endeavor 
The second prong ·shifts the focus from the proposed endeavor to the Petitioner . The record includes 
his curriculum vitae, academic records , published and presented work, and documentation of 
numerous articles that cited to his research findings . In addition, the Petitioner offered reference 
letters describing his expe11ise in cancer research and his past recor~ of success in that field. 
We find that' the Petitioner's past experience renders him well positioned to advance his proposed 
endeavor . Multiple expert references identify specific examples of how the Petitioner 's research on 
the retinoblastoma tumor suppression gene (RB) has impacted the field. For example, 
· indicates that the Petitioner's "work has provided insight into RB's role as a tumor suppression gene by 
demonstrating the importance of the RB/E2F pathway in maintaining genolT'!ic integrity of cells." · 
6 We note that the Director found that because the Petitioner's prospective fellowships at 
and School of Medicine involved further medical training, the record did not demonstrate 
the substantial merit and national importance of the Petitioner's proposed endeavor. However. in addition to receiving 
advanced medical training, the Petitioner's statements and evidence show that he intends to continue his biomedical 
research in these fellowships. For example, the letter from specifically mentions 
the availability of a stipend to present his ' -related research:· In addition, a letter from 
of Pathology and Laboratory Medicine at 
states that the Petitioner plans to continue his ··research initiatives while participating in a fellowship m 
Hematopathology at the 
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Matter r?f M-M-O-
further explains that this work has "paved the way for advances in studies of developmental 
biology and the intricacies of cell cycle regulation ." In addition, Professor of 
Biology and Genetics at _ states that the Petitioner 's research 
relating to RB and activator E2F transcription factors provided "seminal observations in the. molecular 
basis of cell cycle regulation, proliferation , and tenninal differentiation of cells." 
Furthennore, Protessor of Lab Medicine and Pathobiology at the 
asserts that the Petitioner "showed a previously unknown function of E2F7 and E2F8 in 
regulation of physiological polyploidy in hepatocytes, megakaryocytes and trophoblast giant ce}Js. 
These findings have long lasting implications in developmental and cell biology as well as cancer 
biology." Additionally, indicates that the Petitioner "has published his key observations in 
Nature Cell Biology and Developmental Cell . . . ; and has been cited extensively on these matters by 
other experts and scientists in the field." As corroborating documentation regarding the significance of 
his work, the Petitioner provides citation evidence showing that his published work has been frequently _ 
cited by independent researchers,7 and that the rate at which his work has been cited is high relative to 
others in his field. This documentation helps demonstrate that the Petitioner is well positioned to 
advance his proposed research in the United States . · 
The Petitioner's experience and expertise in his field, published work, citation evidence , record of 
success contributing to various research projects, and progress in cancer research position him well to 
advance his proposed endeavor. Accordingly, we 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 ofter and thus of a labor 
certification. As a physician and biomedical researcher, the Petitioner possesses considerable 
experience and expertise in both biochemistry and pathology. The record also demonstrates the 
widespread benefits associated with research progress in understanding and treating hematological 
malignancies . In addition , the Petitioner has documented his past successes in advancing research 
relating to understanding the biology of cancer and publishing influential research findings. Based on 
the Petit.ioner's track record of successful research and the significance of his proposed work to advance 
U.S. healthcare interests, 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. 
7 For instance, the Petitioner;s appellate submission includes a citation index from Google Scholar indicating that his top 
three articles have been cited to an aggregate of 305 times. · 
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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 M-M-O-, ID# I 901484 (AAO Jan. I 7, 2019) 
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