The Petitioner, a clinical medicine researcher and instructor, seeks second preference immigrant classification as a member ofthe 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 Nebraska Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree but that the Petitioner had not established that a waiver ofthe required job offer, and thus ofthe labor certification, would be in the national interest. Specifically, the Director concluded that the Petitioner did not establish he is well positioned to advance the proposed endeavor and that, on balance, it would be beneficial for the United States to waive the requirement of a job offer.
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. Section 291 of the Act; Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 2010). We review the questions in this matter de nova. See Matter ofChristo 's Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015).
Upon de nova review, we conclude that the record, including information submitted on appeal, establishes that the Petitioner is well positioned to advance the proposed endeavor of continuing his research in the field of clinical! Imedicine, focusing on maternal fetal medicine and clinical duties as an attending! IFor example, letters from the chief of obstetric at IUniversity Medical Center; assistant professors o 1.,----,__,..............._-,,__....1 University MedicalCenterancic=Juniversity;anassociateprofessor'-t'-'---,___J, aL----.J··~edicalSchool; and the vice president and executive director of research at.___ __, University, Japan, indicate the Petitioner is well positioned to advance the proposed endeavor. Similarly, the record establishes that the Petitioner has obtained funding for his research from the Bill and Melinda Gates Foundation; the Doris Duke Charitable Foundation; and the Japanese Ministry of Education, Culture, Sports, Science, and Technology, which indicates both interest in the proposed endeavor and the likelihood of the Petitioner to obtain sufficient financing.
U.S. Citizenship and Immigration Services
In Re: 10713246
Appeal of Nebraska Service Center Decision
Non-Precedent Decision of the Administrative Appeals Office Date: MAR. 12, 2021
Additionally, after reviewing the entire record we conclude 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.
ORDER: The appeal is sustained.