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 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 offilin the Petitioner was servin as research scientist in the 4 at the a letter from his supervisor, _ _ _ Senior Research Scientist at Petitioner's research projects involve "the use ofpassively collected/big datainmodels (as areas move away from traditional surveys), estimating demand for _ _ _ _ _ _ _ _ _ vehicles, estimating non-traditional mobility (e.g., Uber/Lyft), and energy demand as the fleet becomes electrified."
With regard to his proposed endeavor, the Petitioner stated that he intended to continue to work as a researcher in the field oftransportation. He asserted that his undertaking is aimed at improving I I Iforecasting accuracy! _models." The Petitioner further explained that he is working on "a project funded by the Federal Highway degree.
Iforecasting model from passively lmodel, which can also be referred to as a 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 Iin an environment withl Ivehicles.
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 ofI Itools and to making complex I Imodeling 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 See Dhanasar, 26 I&N Dec. at 888-91 , for elaboration on these three prongs.
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. letters describing his expertise in transportation research and his past record of success in that field. Several expert references identify specific examples ofhow the Petitioner's research progress relating to I Imodeling andI Idevelopment 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, 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.
Petitioner possesses considerable experience and expertise inl modelling, and transportation planning. The record also demonstrates the widespread socio-economic benefits associated with research progress inI !modeling and development. In addition, the Petitioner has documented his past successes in advancing research relating tol Iforecasting and publishinginfluentialresearchfindings. BasedonthePetitioner'strackrecordofsuccessfulresearchand the significance o f 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.
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.