sustained EB-2 NIW Case: Vascular Research

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JAN. 18, 2024 In Re: 29337616 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a vascular researcher, seeks classification as a member of the professions holding an 
advanced degree or of exceptional ability, Immigration and Nationality Act (the Act) section 
203(b )(2), 8 U.S.C. § 1153(b )(2). The Petitioner also seeks a national interest waiver of the job offer 
requirement that is attached to this employment based second preference (EB-2) classification. See 
section 203(b )(2)(B)(i) of the Act, 8 U.S.C. § 1153(b )(2)(B)(i). U.S. Citizenship and Immigration 
Services (USCIS) may grant this discretionary waiver of the required job offer, and thus of a labor 
certification, when it is in the national interest to do so. See Poursina v. USCIS, 936 F.3d 868 (9th 
Cir. 2019) (finding USCIS' decision to grant or deny a national interest waiver to be discretionary in 
nature). 
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 the record did not 
reflect they had established 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. 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. 53 7, 537 n.2 (AAO 2015). 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. 
Whilst 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). Dhanasar states that USCIS may as a matter of discretion 
grant a national interest waiver of the job offer, and thus of the labor certification, to a petitioner 
classified in the EB-2 category if they demonstrate that (1) the noncitizen' s proposed endeavor has 
both substantial merit and national importance, (2) the noncitizen 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 
noncitizen 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 noncitizen. To determine whether 
the noncitizen 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, progress towards achieving the proposed endeavor, and 
the interest of potential customers, users, investors, or other relevant entities or individuals are also 
key considerations. 
The third prong requires the petitioner to demonstrate that, on balance of applicable factors, it would 
be beneficial to the United States to waive the requirements of a job offer and thus of a labor 
certification. USCIS may evaluate factors such as whether, in light of the nature of the noncitizen' s 
qualification or the proposed endeavor, it would be impractical either for the noncitizen to secure a 
job offer or for the petition to obtain a labor certification; whether, even assuming that other qualified 
U.S. workers are available, the United States would still benefit from the noncitizen's contributions; 
and whether the national interest in the noncitizen's contributions is sufficiently urgent to warrant 
forgoing the labor certification process. Each of the factors 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. 
II. ANALYSIS 
The Director found that the Petitioner qualified as a member of the professions holding an advanced 
degree. The sole issue to be determined is whether the Petitioner has established that a waiver of the 
requirement of a job offer, and thus of a labor certification, would be in the national interest. 
At the time of filing, the Petitioner was an associate research scientist at I I inD
LJ, Connecticut conducting vascular research uncovering the underlying mechanisms of aortic 
aneurysms and aortic dissection ( also known as aortic tearing) ultimately aiming to identify therapeutic 
targets for these conditions. The Petitioner proposed to endeavor to continue their research in this 
field by performing cold digestion, examining biomechanical factor of aortic disease, and 
bioinformatic analysis of single and bulk cell ribonucleic acid (RNA) sequencing and data. 
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. 
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A. Substantial Merit and National Importance 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
individual proposes to undertake. As stated above, the endeavor's merit may be demonstrated in a 
range of areas such as business, entrepreneurialism, sciences, technology, culture, health, or education. 
In determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. Dhanasar, 26 I&N Dec. at 889. 
The Director determined that the Petitioner provided sufficient evidence to establish the substantially 
meritorious nature of their proposed endeavor but did not conclude that the proposed endeavor rose to 
a level of national importance. The Petitioner's submission consisted of probative letters of support 
from experts in the fields of vascular biology describing the Petitioner's experience, work, and 
proposed endeavor in personalized and meaningful detail, the Petitioner's detailed statement of their 
endeavor submitted with their response to the Director's request for evidence (RFE) describing their 
research and its potential prospective impact on eventual advances in the treatment of aortic aneurysms 
and tears. Additionally, the Petitioner submitted documentation indicating the benefit of their 
proposed research as broader implications for the field, as the results were and are intended to continue 
to be disseminated to others in the field through scientific journals. Moreover, the Petitioner's 
endeavor involves critical and emerging bioinformatics and biomechanical technologies in its 
research. 1 The Petitioner's assertions are supported by material, relevant, and probative evidence 
demonstrating both the substantial merit and national importance of their proposed research. So, they 
have demonstrated both the substantial merit and the national importance of their proposed endeavor 
under 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 
the Petitioner's curriculum vitae, their academic records, published and presented work, reference 
letters, and documentation of numerous articles that cited to their research findings. 2 Specifically, the 
Petitioner offered reference letters describing, in meaningful detail, their expertise in cell growth 
regulation, development of a novel therapeutic strategy rooted in arresting abnormal cell growth in 
colon cancer patients, and their past record of success in their current and other related fields. Several 
experts referenced specific examples of how the Petitioner's research has directly affected their field. 
As corroborating documentation regarding the significance of their work, the Petitioner provided 
evidence showing that their published work has been frequently cited by independent researchers, and 
that the rate at which their work has been cited is high relative to others in the field. The Petitioner's 
experience and expertise as a vascular researcher, published articles, citation evidence, progress in 
1 "Many proposed endeavors that aim to advance STEM (science, technology, engineering, or mathematics) technologies 
and research, whether in academic or industry settings, not only have substantial merit in relation to U.S. since and 
technology interest, but also have sufficiently broad potential implications to demonstrate national impmiance." See 
generally 6 USCIS Policy Manual, F.5(D)(2), https://www.uscis.gov/policy-manual. 
2 "USCTS considers an advanced degree, particularly a Doctor of Philosophy (Ph.D.), in a STEM field tied to the proposed 
endeavor and related to work fmthering a critical and emerging technology or other STEM area important to U.S. 
competitive or national security, an especially positive factor to be considered along with other evidence for purposes of 
the assessment under the second prong." See generally 6 USC1S Policy Manual, F.5(D)(2), https://www.uscis.gov/policy­
manual. 
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their field, and professional progression at reputed research institutions position them well to advance 
their proposed endeavor. So the Petitioner has demonstrated that they satisfy the second prong of the 
Dhanasar framework. 
C. Whether On Balance a Waiver is Beneficial 
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. 3 As a vascular 
researcher with a Ph.D. in medical cell biology and experience as a research scientist at an institution 
of higher education of repute, the Petitioner possesses considerable education, experience, and 
expertise in analysis of biological materials at a cellular level to study attributes and behavior under 
set conditions with an aim to influence outcomes. The record also demonstrates the potential for 
widespread medical benefits associated with the Petitioner's most recent research. In addition, the 
Petitioner has documented their past successes in advancing novel research for not only for vascular 
applications but also discovering new approaches to inhibiting tumor cell growth in colon cancer 
patients. They have also demonstrated the significance of their proposed work advancing the 
treatments and therapeutic outcomes to reduce morbidity and mortality. So we conclude that the 
Petitioner offers contributions of such value that, on balance, they would benefit the United States 
even if 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 they have established that they are eligible for and otherwise merits a national interest waiver 
as a matter of discretion. 
ORDER: The appeal is sustained. 
3 When evaluating the third prong. USCTS considers the following combination of facts contained in the record to be a 
strong positive factor: (1) The person possesses an advanced STEM degree, particularly a Ph.D; (2) The person will be 
engaged in work furthering a critical and emerging technology of other STEM area important to U.S. competitiveness; and 
(3) The person is well positioned to advance the proposed STEM endeavor of national importance. See generally USC1S 
Policy Manual, supra. at F.5(D)(2). 
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