The Petitioner, a biochemistry 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 ofthe 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 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 under the Dhanasar framework.
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 novo review, we will sustain the appeal.
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. - p. 2 (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 ofthe 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). 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.
The first prong, substantial merit and national importance, focuses on the specific endeavor that the foreignnationalproposestoundertake. Theendeavor'smeritmaybedemonstratedinarangeofareas 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 See also Poursina v. USC1S. 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).
Dhanasar states that after a petitioner has established In announcing this new framework. we vacated our prior precedent decision, Matter ofNew York State Department of Transportation. 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). p. 3 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 The Director found that the Petitoner qualifies 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 a labor certification, would be in the national interest.
At the time of filing, the Petitioner was working as "a postdoctoral fellow in the Department of Biochemist at the Universi I t4 The record indicates that his duties involved "research ~ . _ _ - - - - . - - - - - - - - . . - - - - ' · . . to develop novell !analogues to maintain normall L__Jlevels · .___ _ _ _ _.patients." 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
The Petitioner indicated that he intJnds tQ continue his work "develo]lin2 useful! I I land ultra-fast-acting.___ _ _ _ __,~o treatl 1- . . . I plan to focus on medicinal chemistry to develop new synthetic methodologies to achieve existing and unknown bioactive compounds and medicines more easily." In response to the Director's request for evidence (RFE), the Petitioner reiterated that his proposed research is aimed at "developing newl I analoguessucha~ ~rthetreatmento~L..._....------,----1 Heexplainedthathisundertaking involves "[d]esign, synthesis and characterizations ofLr----derivatives with! I properties" and "[i]n vivo determination of optimized ~--derivatives in I Imice." The Petitioner further stated that he plans to engage in research focused on determiningI"the pharmacokinetic ~propertrs of the I Ianalogs in I mice," validating to waive the requirements of a job offer and thus of a labor certification.
Analysis
derivatives in streptozotocin-inducedlmice," and validating He also asserted that he intends to undertake research derivatives in reducing risks ofI ~nd i lclamp responsiveness o derivatives in maintainin aimed at validating studies to measure in vivo activity ofc=]derivatives."
In his decision denying the petition, the Director determined that the Petitioner had not demonstrated thenationalimportanceofhisproposedendeavor. TheDirectorstatedthatthePetitionerhadnotshown that the potential prospective impact of his proposed endeavor stands to "have a broad impact" or "national or global implications within the field."
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 this 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.
See Dhanasar, 26 I&N Dec. at 888 -91 , for elaboration on these three prongs.
I
To satisfy the national importance requirement, the Petitioner must demonstrate the "potential prospective impact" of his work. As evidence that the benefit of his proposed research has broader implications in the field, the Petitioner rovided letters of support discussing how his undertaking stands to advance! !treatments fo atients. For instance! ~rofessor of Medicine and Biochemistry at Universityt------.---' explained that the Beneficiary's proposed research is aimed at the development of viable~_~treatments that are both "efficient" and "long- lasting," and that have the potential to "reduce health risks and complications associated with t The Petitioner also submitted information aboutI Iand its 5 adverse effect on U.S. public health. indicating that the benefit ofhis proposed research has broader implications for the field, as the results are disseminated to others in the field through scientific journals. As the Petitioner has demonstrated both the substantial merit and national importance ofhis proposed research, we conclude 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 articles, peer review activity, and documentation of numerousarticlesthatcitedtohisresearchfindings. Inaddition,thePetitionerofferedreferenceletters describing his expertise in biochemistry research and his past record of success in that field. Several elpert references identify specific examples of how the Petitioner's research involving the development of derivatives has affected his field. As corroborating documentation regarding the significance of his work, the Petitioner provided citation 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 biochemist, published articles, citation evidence, record of success contributing to various research projects, and progress in his field position him well to advance his proposed endeavor. Accordingly, the record supports the Director's determination that the Petitioner 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 biochemist, the Petitioner possesses considerable e pe ence and expertise in research treatments forl Ipatients. In addition, the Petitioner has documented his past successes in synthesizingmolecularcompoundsandpublishinginfluentialresearchfindings. BasedonthePetitioner's track record of successful research and the significance of his proposed work to advance U.S. public health interests, we conclude that he offers contributions ofsuch value that, on balance, they would benefit the United States even assuming that other qualified U.S. workers are available.
Furthermore, the Petitioner has submitted documentation demonstrates the widespread public health benefits associated with research progress in improvin~ I relating to the development of novel synthetic methodologies and derivatives. The record also 5 Ear example the record includes information from thelL...----------r--~Ii~u~di~c~ai:ing thatI I I Iof the population. hadI Iin 2015 and that the disease J Ileading cause of death in the United States."
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.