sustained EB-2 NIW Case: Transportation Research

U.S. Citizenship 
and Immigration 
Services 
In Re: 23114469 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : NOV . 17, 2022 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a transportation 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 filin the Petitioner was servin as research scientist in the _________ 
at the 4 Regarding his work for the Petitioner offered 
a letter from his supervisor, ___ Senior Research Scientist at indicatin that the 
Petitioner's research projects involve "the use of passively collected /big data in models 
(as areas move away from traditional surveys), estimating demand for _________ 
vehicles, estimating non-traditional mobility ( e.g., Uber/Lyft), and energy demand 
becomes electrified." 
as the fleet 
With regard to his proposed endeavor, the Petitioner stated that he intended to continue to work as a 
researcher in the field of transportation . He asserted that his undertaking is aimed at improving I I I forecasting accuracy! _models ." The 
Petitioner further explained that he is working on "a project funded by the Federal Highway 
Administration (FHWA) to develop a quick response I forecasting model from passively 
collected data. Specifically, I am working on al lmodel, which can also be referred to as a 
I lmodel .... " In addition, the Petitioner indicated that he planned to pursue research 
projects focused on developing ______________ forecasting models, and on 
devising advanced methodologies and techniques to estimate and simulate the I in an 
environment withl I vehicles. 
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 advancements in the 
development of I I tools and to making complex I I modeling 
methodologies easier to apply and interpret for transportation planning professionals. He also 
presented information from the U.S. Department of Transportation about the importance of research 
and innovation in modernizing our nation's transportation system. Additionally , the Petitioner has 
submitted documentation indicating that the benefit of his proposed research has broader implications 
2 See Dhanasar, 26 I&N Dec. at 888 -91, for elaboration on these three prongs. 
3 The Petitioner presented both his Ph.D. and Master of Science degree from the University of ____ 
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 emp loyer. However, we will consider information about his research position to illustrate the capacity in which 
he intends to work in order to determine whether his proposed endeavor meets the requirements of the Dhanasar 
framework. 
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for the field, as the results are disseminated to others in the field through transportation 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. and Master of Science degree), published 
and presented work, federal and state-fonded research grants, 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 in transportation research and his past record of success in that field. 
Several expert references identify specific examples of how the Petitioner's research progress relating to 
I I modeling and I I development 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, and that the rate at which his work 
has been cited is high relative to others in the field. His experience and expertise as a transportation 
researcher, published articles, citation evidence, record of success contributing to various government­
funded 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 transportation researcher with both a Ph.D. and Master of Science degree, the 
Petitioner possesses considerable experience and expertise inl modelling, and 
transportation planning. The record also demonstrates the widespread socio-economic benefits associated 
with research progress in I !modeling and development. In addition, the 
Petitioner has documented his past successes in advancing research relating tol I forecasting 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. transportation interests, we conclude 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. The Petitioner, therefore, meets the third prong of the 
Dhanasar framework. 
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 fu11hering 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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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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