The Petitioner, a psychological science 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 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.
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 p. 2 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). Dhanasar states that after a petitioner has established eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion1, 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 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) 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). p. 3 considered must, taken together, indicate that on balance, it would be beneficial to the United States The Director found that the Petitioner qualifies as a member of the professions holding an advanced to waive the requirements of a job offer and thus of a labor certification.
Analysis
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 servingas anassistant professor at _ _ _ _ _ _ _ _ _ University! 4 Regarding his work at the Petitioner stated:
In this position, I design and conduct research and teach courses in the field of psychological science. Within this broader field, most of my research has focused on degree.
I virtual reality, and teaching and learning. I investigate how mental processes such as those underlying language, memory, attention, perception, and learning, help people to think and behave the way they do. Specifically, I study how people process written and spoken languages, interact and learn in real and virtual worlds, and how learning - whether in virtual or real settings, such as a classroom - can be tested using experiments or assessment measures.
With regard to his proposed endeavor, the Petitioner indicated that he intended "to continue conducting research inl Ivirtual reality, and teaching and learning." He further explained that that he planned to "pursue two lines of research. First, I want to use disparate experimental and technological tools and paradigms to further test and strengthen my previous findings regarding what is common and different when readers read different languages." The Petitioner further asserted: "Second, I want to further explore how both new and traditional virtual reality systems can help advance training and testing individuals in different settings and in cost-effective ways."
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 understanding the cognitive processes of word recognition and to development of reading comprehension assessments. He also See Dhanasar, 26 I&N Dec. at 888 -91 , for elaboration on these three pron g. s 3 The Petitioner presented his Ph.D. in Psychology from the University of _ _ _ In response to the Director's request for evidence, the Petitioner indicated that he "accepted a position as a Visiting Assistant Professor at the in !Massachusetts. In this position, I design and conduct research and teach courses in the field of psychological science, with a focus on virtual reality, and teaching and learning." As the Petitioner is applying for a waiver of the job offer requirement, it is not necesyrv for him to have a job offer from a specific employer. However, we will consider information about his positions at and to illustrate the capacity in which he intends to work in order to detennine whether his proposed endeavor meets the requirements of the Dhanasar framework.
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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. in Psychology), published and presented work, peer review activity, and documentation ofnumerous articles that cited to his research findings. In addition, the Petitioner offered reference letters describing his expertise inl Ipsychology and Iand his past record of success in those research fields. Several expert references identify specific examples of how the Petitioner's research progress relating to word recognition and reading comprehension has affected his field. As corroborating documentation regarding the significance ofhis work, the Petitioner provided evidence showing that his published work has been frequently cited by independent researchers. His experience and expertise as a psychological science researcher, 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 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 presented information on appeal about reading disorders in the United States and their adverse impact on academic performance, and about the waysl Iresearch has contributed to U.S. national security interests. Additionally, the Petitioner has submitted documentation indicating that the benefit of his proposed research involvingI Ivirtual reality, and teaching and learning has broader implications for the field, as the results are disseminated to others in the field through scientific 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.
As a psychological science researcher with a Ph.D., the Petitioner possesses considerable experience and expertise in his research field. The record also demonstrates the widespread educational benefits associated with research progress in the psychology ofword recognition and the development of reading comprehension assessments. In addition, the Petitioner has documented his past successes in advancing research relating to understanding the cognitive processes involved in reading 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. education interests, we conclude that he offers contributions of such value that, on balance, they would benefit the United States even assuming that endeavor and related to work fmihering 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 ofthe assessment under the second prong." See 6 USCIS Policy Manual F.5(D)(2), https://www.uscis.gov/policy-manual. 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 ofnational importance. certification.
"USCIS considers an advanced degree, particularly a Doctor of Philosophy (Ph.D.), in a STEM field tied to the proposed See USCIS Policy Manual, supra. at F.5(D)(2). p. 5 other qualified U.S. workers are available. The Petitioner, therefore, meets the third prong of the Dhanasar framework.
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.