sustained EB-2 NIW Case: Plant Sciences

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: MARCH 3, 2025 In Re: 37190684 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a researcher in plant sciences, 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 record did not 
establish that a waiver of the required job offer, and thus of the labor certification, would be in the 
national interest. The matter is now before us on appeal pursuant to 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 qualify for the underlying EB-2 visa classification, a petitioner must establish they are an advanced 
degree professional or an individual of exceptional ability in the sciences, arts, or business. Section 
203(b)(2)(A) of the Act. 
If a petitioner establishes eligibility for the underlying EB-2 classification, they must then demonstrate 
that they merit a discretionary waiver of the job offer requirement "in the national interest." 
Section 203(b )(2)(B)(i) of the Act. Matter ofDhanasar, 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 
1 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Third, Ninth, Eleventh, and D.C. Circuit Courts of 
Appeals in concluding that USCIS ' decision to grant or deny a national interest waiver is discretionary in nature). 
• On balance, waiving the job offer requirement would benefit the United States. 
Id. 
II. ANALYSIS 
The Director determined the Petitioner qualified for EB-2 classification as an advanced degree 
professional by virtue of his Master of Science degree from ___________ The 
Director concluded the Petitioner established the substantial merit and national importance of his 
proposed endeavor, but did not demonstrate that he was well positioned to advance his proposed 
endeavor and 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. On appeal, the Petitioner asserts the Director erred and he 
is eligible for and merits a waiver of the job offer requirement in the national interest. 
The Petitioner states his proposed endeavor is "to research plant biotic stresses and develop advanced 
rapid plant disease diagnostic tools in order to improve disease resistance and enhance crop yield." 
The Petitioner indicates he will pursue his proposed endeavor while earning his doctoral degree in 
plant pathology at I I The Petitioner states he is currently researching the "late 
blight" disease impacting the potato and tomato industries and upon completion of his degree intends 
to research plant biotic stress resistance, plant-pathogen interactions, and the development of plant 
disease diagnostic tools. 
A. Well Positioned to Advance the Proposed Endeavor 
The second Dhanasar prong shifts the focus from the proposed endeavor to the individual. Id. at 
890. To determine whether an individual is 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. 
The evidence shows the Petitioner earned a Master of Science degree and possesses the skills and 
knowledge to advance his proposed endeavor. The Petitioner submitted letters from other researchers 
commending his skills and knowledge and discussing his record of success in efforts related to his 
proposed endeavor. J-S-2, Associate Professor of Plant Pathology and Microbiology atl I 
I I explains that the Petitioner's "work in plant breeding and genetics has made substantial 
breakthroughs in overcoming critical challenges in agriculture, particularly in the areas of disease 
resistance and yield improvement." In particular, J-S- notes the Petitioner's work on sclerotinia stem 
rot (SSR) "enhances crop productivity and protects farmers from devastating yield losses." 
K-S-S-, Soybean Product Development Scientist at ______ states the Petitioner's work 
on plant spacing "supports farmers in optimizing nutrient and water uptake, enabling crops to grow 
vigorously and produce abundant, high-quality harvests." K-S-S- explains the Petitioner's research 
2 We use initials to protect the privacy of the referenced individuals. 
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promotes food security and stability within the United States and addresses food shortages and 
disruptions in supply chains. 
A-L-, Research Geneticist at commends the Petitioner's work on SSR, 
which is "vital for developing SSR-resistant canola varieties and expediting breeding programs by 
allowing early-stage selection of resistant germplasms." A-L- also praises the Petitioner's work on 
pod shattering in canola oil which assists in developing pod-shattering-resistant canola varieties, 
ensuring higher yields, and simplifying the harvesting process for growers. 
A-R-, Molecular Plant Pathologist at the states the Petitioner's 
"groundbreaking research on sclerotinia stem rot and pod shattering in rapeseed reflects a profound 
grasp of plant pathology and breeding." A-R- explains the Petitioner's "work is a cornerstone for 
advancing agricultural sustainability and productivity" 
The record also documents the interests of other researchers and institutions in the Petitioner's 
proposed endeavor. The Petitioner submitted evidence of articles he co-authored, which have been 
cited numerous times by independent research teams in his field. The Petitioner also submitted 
evidence that his research was funded by the U.S. Department of Agriculture, and the National Science 
Foundation. In response to the Director's request for evidence (RFE), the Petitioner submitted 
employment offers he received from 
_______________________________ and additional 
articles of other scientists citing and relying upon his published research. The Petitioner also submitted 
a detailed explanation of his proposed endeavor which provides a plan for his future activities. 
In response to the RFE, the Petitioner also submitted evidence of his progress towards achieving the 
proposed endeavor. For example, the Petitioner submitted evidence that his research on breeding for 
enhanced resistance and adaptability in crops was funded by the U.S. Department of Agriculture, and 
his investigation of the molecular basis of plant defense mechanisms across various crops is funded 
by the National Science Foundation and was presented at the I 
I 
In sum, the record establishes that the Petitioner possesses the education, skills and knowledge needed 
to advance his proposed endeavor. The evidence further demonstrates the Petitioner's record of 
success in research related to his proposed endeavor, contains a plan for his future activities, shows 
progress he has made towards achieving his proposed endeavor, and documents the interest of other 
researchers and institutions in his proposed endeavor. On appeal, the Petitioner has established that 
he is well positioned to advance his proposed endeavor and the Director's contrary determination is 
withdrawn. 
B. Whether on Balance a Waiver is Beneficial 
The third Dhanasar 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. Id. at 
890-91. 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. 
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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. Id. 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 891. 
The Petitioner's support letters attest to the urgent national interest in the Petitioner's proposed 
endeavor. For example, A-L- explains that due to climate change "there is a critical need to develop 
elite crop varieties with the capability to thrive in adverse environmental conditions." A-L- states the 
Petitioner's research "promotes sustainability by reducing reliance on harmful pesticides, leading to a 
healthier environment, wildlife protection, and ecosystem conservation." A-L- explains the 
Petitioner's work "is at the forefront of sustainable and regenerative agriculture, vital for ensuring 
plant health, stabilizing the agricultural industry, and overcoming global food security challenges." 
A-R- describes the Petitioner as a "driving force in the dynamic landscape of plant science, making 
momentous strides toward resilient, productive, and sustainable agriculture." A-R- also explains the 
Petitioner's "holistic approach, combining cutting-edge technologies like genome-wide association 
studies and genomic selection, positions him as a trailblazer in developing climate-resilient crop 
varieties for the United States." 
The Petitioner asserts he has established his eligibility under this prong pursuant to U.S. Citizenship 
and Immigration Services (USCIS) policy. USCIS recognizes the importance of progress in science, 
technology, engineering, and mathematics (STEM) fields and the essential role that individuals with 
advanced STEM degrees have in fostering such progress. 6 USCIS Policy Manual F.5(D)(2), 
https://www.uscis.gov/policy-manual/. Accordingly, strong positive factors to consider when 
assessing the third Dhanasar prong include possession of an advanced STEM degree, engagement in 
work furthering a critical and emerging technology, and being well positioned to advance the proposed 
STEM endeavor of national importance. Id. All of these factors are present in the Petitioner's case. 
As previously discussed, the Petitioner possesses a Master of Science degree and is well-positioned to 
advance his proposed endeavor in plant science which he has demonstrated has national importance. 
He also submitted evidence that his proposed endeavor involves work on critical and emerging 
technologies. The record shows the Petitioner's proposed endeavor involves genome and protein 
engineering, biometrology, bioinformatics, predictive modeling and analytical tools for functional 
phenotypes, and nucleic acid and protein synthesis. The Petitioner submitted the National Science 
and Technology Council's Critical and Emerging Technologies List Update which includes all of these 
biotechnologies. 
The relevant evidence shows the national interest in the Petitioner's proposed endeavor is sufficiently 
urgent to warrant forgoing the labor certification process and the United States would benefit from the 
Petitioner's contributions even if other qualified U.S. workers are available. Considered together, 
these factors 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 in the Petitioner's case. The Director's 
contrary determination is withdrawn. 
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III. CONCLUSION 
The Petitioner has established that he is an advanced degree professional eligible for EB-2 
classification, that he meets all three Dhanasar prongs, and merits a waiver of the job offer requirement 
in the national interest. 
ORDER: The appeal is sustained. 
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