sustained EB-2 NIW Case: Psychological Science

U.S. Citizenship 
and Immigration 
Services 
In Re: 23122790 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : NOV . 15, 2022 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a psychological science researcher, 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 . § 1153(b )(2) . 
The Director of the Texas Service Center denied the petition, concluding 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 additional documentation and a brief asserting that he is eligible for 
a national interest waiver. In these proceedings, it is the petitioner's burden to establish eligibility for 
the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova 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. 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: 
(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 ofjob 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 of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). Dhanasar states that after a petitioner has established 
eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter 
of discretion 1, grant a national interest waiver if the petitioner demonstrates: ( 1) 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. 
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, science, technology, culture, health, or education. In 
determining whether the proposed endeavor has national 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. In performing 
this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the 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 certification; 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 national interest in the foreign national's contributions is 
sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) 
1 See also Poursina v. USCIS, No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS' decision to grant or 
deny a national interest waiver to be discretionary in nature). 
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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 Petitioner 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 serving as an assistant professor at _________ 
University! 4 Regarding his work at the Petitioner stated : 
In this position, I design and conduct research and teach courses in the field of 
psychological science . Within this broader field, most of my research has focused on 
I virtual reality, and teaching and learning. I investigate how mental 
processes such as those underlying language, memory, attention, perception, and 
learning, help people to think and behave the way they do. Specifically, I study how 
people process written and spoken languages, interact and learn in real and virtual 
worlds, and how learning - whether in virtual or real settings, such as a classroom -
can be tested using experiments or assessment measures. 
With regard to his proposed endeavor, the Petitioner indicated that he intended "to continue conducting 
research inl I virtual reality, and teaching and learning ." He further explained that 
that he planned to "pursue two lines of research. First, I want to use disparate experimental and 
technological tools and paradigms to further test and strengthen my previous findings regarding what 
is common and different when readers read different languages ." The Petitioner further asserted: 
"Second, I want to further explore how both new and traditional virtual reality systems can help 
advance training and testing individuals in different settings and in cost-effective ways ." 
For the reasons discussed below , we conclude the Petitioner has established eligibility for a national 
interest waiver under the analytical framework set forth in Dhanasar . 
A. Substantial Merit and National Importance of the Proposed Endeavor 
As evidence that his proposed research has substantial merit and national importance, the Petitioner 
presented letters of support discussing how his undertaking contributes to understanding the cognitive 
processes of word recognition and to development of reading comprehension assessments. He also 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three pron gs . 
3 The Petitioner presented his Ph.D. in Psychology from the University of ___ 
4 In response to the Director 's request for evidence, the Petitioner indicated that he "accepted a position as a Visiting 
Assistant Professor at the in !Massachusetts. In this position, I design and conduct 
research and teach courses in the field of psychological science, with a focus on virtual reality, and 
teaching and learning ." As the Petitioner is applying for a waiver of the job offer requirement, it is not necesyrv for him 
to have a job offer from a specific employer. However, we will consider information about his positions at and 
to illustrate the capacity in which he intends to work in order to detennine whether his proposed 
endeavor meets the requirements of the Dhanasar framework . 
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presented information on appeal about reading disorders in the United States and their adverse impact 
on academic performance, and about the waysl I research has contributed to U.S. national 
security interests. Additionally, the Petitioner has submitted documentation indicating that the benefit 
of his proposed research involving I I virtual reality, and teaching and learning has 
broader implications for the field, as the results are disseminated to others in the field through scientific 
journals and conferences. As the Petitioner has demonstrated both the substantial merit and national 
importance of his proposed research, he has established that he meets the first prong of the Dhanasar 
framework. 
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 (including his Ph.D. in Psychology), published and presented 
work, peer review activity, and documentation of numerous articles that cited to his research findings. 5 
In addition, the Petitioner offered reference letters describing his expertise inl I psychology and 
I I and his past record of success in those research fields. Several expert references 
identify specific examples of how the Petitioner's research progress relating to word recognition and 
reading comprehension has affected his field. As corroborating documentation regarding the significance 
of his work, the Petitioner provided evidence showing that his published work has been frequently cited 
by independent researchers. His experience and expertise as a psychological science researcher, 
published articles, citation evidence, record of success contributing to various research projects, and 
progress in his field position him well to advance his proposed endeavor. Accordingly, the Petitioner 
has demonstrated 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 offer and thus of a labor 
certification. 6 As a psychological science researcher with a Ph.D., the Petitioner possesses considerable 
experience and expertise in his research field. The record also demonstrates the widespread educational 
benefits associated with research progress in the psychology of word recognition and the development of 
reading comprehension assessments. In addition, the Petitioner has documented his past successes in 
advancing research relating to understanding the cognitive processes involved in reading and publishing 
influential research findings. Based on the Petitioner's track record of successful research and the 
significance of his proposed work to advance U.S. education interests, we conclude that he offers 
contributions of such value that, on balance, they would benefit the United States even assuming that 
5 "USCIS considers an advanced degree, particularly a Doctor of Philosophy (Ph.D.), in a STEM field tied to the proposed 
endeavor and related to work fmihering a critical and emerging technology or other STEM area important to U.S. 
competitiveness or national security, an especially positive factor to be considered along with other evidence for purposes 
of the assessment under the second prong." See 6 USCIS Policy Manual F.5(D)(2), https://www.uscis.gov/policy-manual. 
6 When evaluating the third prong. USCTS considers the following combination of facts contained in the record to be a 
strong positive factor: 
• The person possesses an advanced STEM degree, particularly a Ph.D.; 
• The person will be engaged in work furthering a critical and emerging technology or other STEM area important 
to U.S. competitiveness; and 
• The person is well positioned to advance the proposed STEM endeavor of national importance. 
See USCIS Policy Manual, supra. at F.5(D)(2). 
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other qualified U.S. workers are available. The Petitioner, therefore, meets the third prong of the 
Dhanasar framework. 
III. CONCLUSION 
The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical framework. We 
conclude 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. 
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