sustained EB-2 NIW Case: Research

U.S. Citizenship 
and Immigration 
Services 
In Re: 22646949 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 04, 2022 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a professor and researcher, seeks second preference immigrant classification as either 
an advanced degree professional or an individual of exceptional ability in the sciences, arts or business, 
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 l&N Dec. 884 (AAO 2016). 
The Director of the Texas Service Center determined that the Petitioner qualifies for the underlying 
EB-2 classification. Nevertheless, the Director denied the petition, concluding that Petitioner had not 
established eligibility for a national interest waiver. The matter is now before us on appeal. Upon de 
nova review, we will sustain the appeal. 
I. LEGAL FRAMEWORK 
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 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. 
Section 101(a)(32) of the Act, 8 USC § 1101(a)(32), provides that "[t]he term 'profession' shall 
include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in 
elementary or secondary schools, colleges, academics, or seminaries." 
The regulation at 8 C.F.R. § 204.5(k)(2) contains the following relevant definitions: 
Advanced degree means any United States academic or professional degree or a foreign 
equivalent degree above that of baccalaureate. A United States baccalaureate degree 
or a foreign equivalent degree followed by at least five years of progressive experience 
in the specialty shall be considered the equivalent of a master's degree. If a doctoral 
degree is customarily required by the specialty, the alien must have a United States 
doctorate or a foreign equivalent degree. 
Exceptional ability in the sciences, arts, or business means a degree of expertise 
significantly above that ordinarily encountered in the sciences, arts, or business. 
Profession means one of the occupations listed in section 101(a)(32) of the Act, as well 
as any occupation for which a United States baccalaureate degree or its foreign 
equivalent is the minimum requirement for entry in the occupation. 
In addition, the regulation at 8 C.F.R. § 204.5(k)(3)(ii) sets forth the specific evidentiary requirements 
for demonstrating eligibility as an individual of exceptional ability. A petitioner must submit 
documentation that satisfies at least three of the six categories of evidence listed at 8 C.F.R. 
§ 204.5(k)(3)(i i). 
Furthermore, 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 l&N Dec. 884 (AAO 2016). 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). Dhanasar states that after a petitioner has established eligibility for 
EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may grant a national interest 
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waiver as matter of discretion. See also Poursina v. USCIS, 936 F.3d 868, 2019 WL 4051593 (9th 
Cir. 2019) (finding USCIS' decision to grant or deny a national interest waiver to be discretionary in 
nature). As a matter of discretion, the national interest waiver may be granted 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. See Dhanasar, 26 l&N Dec. at 888-91, for elaboration on these three 
prongs. 
II. ANALYSIS 
The Petitioner qualifies for the underlying classification as an advanced degree professional. The 
evidence demonstrates that she earned a Doctor of Philosophy degree from a U.S. university. 
By a preponderance of the evidence, the Petitioner has also established the substantial merit and 
national importance of her proposed endeavor. She provided a detailed statement of her endeavor, 
including the future research she proposes to undertake and how it has the potential to impact the U.S. 
economy. In addition, the Petitioner provided a sufficiently detailed explanation of how her past 
research added to a body of knowledge that has national or even global implications. She supported 
her statements with corroborating evidence, including her citation history, as well as a news article 
about her and her co-author's research findings. Further, the Petitioner provided articles and reports 
that reinforced how her research would have broader implications within her field. 
Based upon her education, knowledge, and record of success in similar research, we also conclude that 
the Petitioner sufficiently established that she is well positioned to advance the proposed endeavor. 
She provided examples of the future research initiatives she proposes to undertake and supplemented 
her examples with credible details concerning her progress towards those initiatives. Professional and 
academic acquaintances, as well as fellow researchers in her field, provided independent, well-written, 
and detailed accounts of her past and current work, which corroborates that she is already in the process 
of carrying out her proposed endeavor. 
The Petitioner established by a preponderance of the evidence that it would be beneficial for the United 
States to waive the requirements of a job offer and labor certification. We reviewed the totality of the 
evidence and conclude that, on balance, the importance and potential of her proposed endeavor work, 
as well as her professional qualifications and demonstrated past success, combine to sufficiently 
establish that her prospective contributions will benefit the United States even if other qualified 
workers are also available. In summary, the Petitioner has adequately presented information and 
evidence to warrant foregoing the labor certification process. 
Ill. CONCLUSION 
The Petitioner has established she is eligible for or otherwise merits a national interest waiver. 
ORDER: The appeal is sustained. 
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