sustained EB-2 NIW Case: Public Health Research

MATTER OF S-M-M-S-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 22, 2018 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a public health 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). 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: ( 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. Matter 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 additional 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 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: 
Matter of S-M-M-S-
(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) 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. 884.1 Dhanasar states that after EB-2 eligibility has been established, 
USCIS may, as a matter of discretion, grant a national interest waiver when the 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, 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 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSD01). 
2 
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Matter ofS-M-M-S-
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) 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 waivet 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 employed as a postdoctoral fellow at the 
He asserts that his work there has involved designing and 
conducting "research in the field of public health, with a focus on oncology." The appellate 
submission includes the Petitioner's recent job offer letter from extending his postdoctoral 
fellowship for an additional year.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. Substantial Merit and National Importance of the Proposed Endeavor 
The Petitioner states: "I intend to continue my research in comparative effectiveness cancer research 
with a special focus on the development and treatment of adverse events in cancer patients. This 
research will help improve the overall quality of life for cancer patients as well as their long term 
survival." He further explains that as a public health researcher, his work involves "designing 
systematic reviews of patient samples in order to draw meaningful conclusions from large amounts 
of data." In addition, the Petitioner indicates that his current research at is aimed at "an 
emerging anti-cancer strategy known as 'checkpoint inhibitor immunotherapy."'5 Through "vetting, 
validating, and flagging important aspects of these drugs," the Petitioner's work allows health 
practitioners and patients to "make more informed decisions regarding their treatment strategies." 
2 See Dhanasar, 26 l&N Dec. at 888-91, for elaboration on these three prongs. 
3 The Petitioner presented an academic credentials evaluation indicating that his degree from 
(2013) is the foreign "equivalent to the Doctor of Medicine (MD) degree awarded from regionally accredited colleges 
and universities in the United States." See 8 C.F.R. § 204.5(k)(3)(i)(A) . 
4 As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for him to have a job offer 
from a specific employer. However, we consider information about his position with to illustrate the capacity 
in which he intends to work. 
5 The Petitioner notes that "[ c ]heckpoint inhibitors are a fast-growing drug category, three of which have been approved by 
the FDA [U.S. Food and Drug Administration] in the last few years. Checkpoint inhibitor drugs function by improving the 
immune system's ability to recognize and target cancer cells in the body." 
3 
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Matter ofS-M-M-S-
We find that the Petitioner's proposed research relating to adverse effects of checkpoint inhibitor 
immunotherapy 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 "the safety and efficacy of emerging anti-cancer 
drugs." For instance, senior vice president and global head of epidemiology for 
asserts that "[t]he pharmaceutical industry relies on researchers such as [the 
Petitioner] to evaluate the performance of new drug therapies to reveal areas of concern that 
premarket research often fails to expose" and that the Petitioner's "research is poised to play a 
fundamental role in validating this new class of anti-cancer drugs." Similarly, 
, a professor of general internal medicine at states that the "[s]afety of drugs has 
always been a prime concern when new therapies are introduced" and that the Petitioner's 
"continued work will establish new ground in the fight to end cancer." 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. 
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 expertise in public health research and his past record of success in that field. 
We find that the Petitioner's past experience renders him well positioned to advance his proposed 
endeavor. Multiple independent references identify specific examples of how the Petitioner's research 
on the side effects of checkpoint inhibitor cancer treatment has impacted the field. For example, 
scientific director of the Institute of , explains that 
the Petitioner "discovered that this treatment can cause the immune system to overreact and attack 
healthy cells as well. This was a critical finding, not only so that clinicians can take appropriate 
precautions when recommending treatment options, but also for researchers developing new viable 
cancer therapeutics." In addition, head of the clinical immunology department 
at the states that the Petitioner "demonstrated that this therapy frequently led to 
overactive immune response and, therefore, the damaging of healthy tissue." He further indicates that 
the Petitioner's "work on the side-effects of cancer therapies has directly impacted the practices of 
clinical doctors." 
Furthermore, professor of experimental hematology at the 
describes the Petitioner as "a leading researcher in the field of public health." She also notes that he 
"has published in top scientific journals, including ___ and and been cited 
4 
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Matter ofS-M-M-S-
nearly 300 times by independent researchers." 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,6 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 public health 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 offer and thus of a labor 
certification. As a public health researcher, the Petitioner possesses considerable experience and 
expertise in studying the adverse effects of checkpoint inhibitor immunotherapy. The record also 
demonstrates the widespread benefits associated with improving the safety and efficacy of emerging 
anti-cancer drugs. In addition, the Petitioner has documented his past successes in advancing public 
health research relating to cancer epidemiology and providing influential research findings. Based on 
the Petitioner'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. 
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 ofS-M-M-S-, ID# 1431363 (AAO Aug. 22, 2018) 
6 For instance, the Petitioner's appellate submission includes a citation index from 
three articles have been cited to an aggregate of 341 times. 
5 
indicating that his top