The Petitioner, an artificial intelligence researcher, seeks employment-based second preference (EB-2) 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 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 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. The matter is now before us on appeal.
The Petitioner bears the burden of proof to demonstrate eligibility by apreponderance of the evidence. Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter de nova. Matter of Christa's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 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. Section 203(b)(2)(B)(i) of the Act. If a petitioner demonstrates eligibility for the underlying EB-2 classification, they must then establish that they merit a discretionary waiver of the job offer requirement "in the national interest." Section 203(b)(2)(B)(i) of the Act. While neither the statute nor the pertinent regulations define the term "national interest," Matter of Dhanasar, 26 l&N Dec. 884, 889 (AAO 2016), states that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion,1 grant a national interest waiver if the petitioner demonstrates that:
- The proposed endeavor has both substantial merit and national importance;
- The individual is well-positioned to advance their proposed endeavor; and
- On balance, waiving the job offer requirement would benefit the United States.
Analysis
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree.2 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. The Petitioner is currently conducting research on machine learning algorithms and power system security. Specifically. his work focuses on enhancing the security or machine learning algorithms used for power system cyber security. He proposes to continue applying his skills and expertise in "Power/Control Systems Engineering and Artificial Intelligence to develop novel machine learning algorithms that can protect important US Infrastructure."
For the first prong of the Dhanasar framework, the Director determined that the Petitioner's proposed endeavor as described above has substantial merit and is of national importance. Upon review of the record, we agree that the Petitioner has established that he meets the first prong of the Dhanasar framework.
A Wei I-Positioned to Advance the Proposed Endeavor
The second prong shifts the focus from the proposed endeavor to the individual. To determine whether an individual is well-positioned to advance the proposed endeavor, we consider factors including, but not limited to 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.Past record does not show influence or success Id. at 890. The Director determined that, after consideration of these factors, the evidence submitted did not establish that the Petitioner meets Dhanasar 's second prong. Upon de nova review, we conclude that the Petitioner has established by apreponderance of the evidence that he is well-positioned to advance his proposed endeavor.
The record includes the following: the Petitioner's curriculum vitae; academic records; published and presented work; peer review activity; documentation of articles that cited to his research findings; recommendation letters from academic research colleagues; and documentation relating to the Petitioner's contribution to U.S. Department of Energy-funded projects. The Petitioner completed a master's degree in science in technology as well as a Ph.D. in electrical and computer engineering from
Petitioner has been engaged in research related to his degrees and has authored peer-reviewed articles of his research which are published in multiple reputable journals and conferences.
The Petitioner submitted recommendation letters from fellow academic researchers who describe, in meaningful detail, their research expertise and the significance of the Petitioner's research with novel algorithms and analytical methods for detecting and isolating threats to power systems to mitigate cyber-attacks on power systems and prevent widespread power outages. The letters stress the Petitioner's research contributing to the field's application and evaluation of machine learning algorithms to improve power systems. In addition, the letters provide specific detailed examples of how the Petitioner's research findings directly impacted their own and others' research with advanced machine learning algorithms. The record shows the Petitioner's research has garnered recognition through its frequent citation by independent, reputable national and international researchers, and that the rate at which his published work has been cited is high relative to others in the area of machine learning. Moreover, evidence shows the Petitioner played a significant role in projects funded by the National Aeronautics and Space Administration (NASA) and the Air Force Research Laboratories (AFRL) withing the U.S. Department of Defense.
In considering the totality of the evidence, the Petitioner has demonstrated that his education, experience, and accomplishments in his machine learning and artificial intelligence field, the significance of his role and background in conducting his research, and his current employment as a teacher and researcher are relevant, probative, and material proof of being well-positioned to advance the proposed endeavor. As we stated in Dhanasar, "endeavors related to research, pure science, and the furtherance of human knowledge may qualify, whether or not the potential accomplishments in those fields are likely to translate into economic benefits for the United States." Id. at 892. We must consider the totality of the circumstances and whether the record as a whole demonstrates that the Petitioner is well positioned to advance the proposed endeavor. See generally 6 USClS Policy Manual, F .5(D)(l), https://www.uscis.gov/pol icymanual. Considering the totality of this evidence and its support of the nonexclusive second prong factors provided in Dhanasar, we conclude that the Petitioner has established by apreponderance of the evidence that he is well-positioned to advance his proposed endeavor.
Accordingly, we withdraw the Director's determination as to the second prong of the Dhanasar framework and conclude that the Petitioner has satisfied this requirement.
C. Balancing Factors to Determine Waiver's Benefit to the United States
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 alabor 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) 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. Id. at 890-91. p. 4 The Director determined that the Petitioner had not satisfied the third prong of the Dhanasar framework. Upon de nova review, we conclude that the waiver of the labor certification requirement for the Petitioner would, on balance, be beneficial to the United States.
USCIS considers the following combination of facts contained in the record to be strong positive factors: possession of two advanced STEM degrees in his field of endeavor; his published research and peer review of his work; his knowledge and skills in his proposed endeavor; a plan with progress to further his proposed STEM endeavor; and the interest and support of national academic members in his field. The Petitioner possesses considerable education, experience, and expertise in the analysis of machine learning and artificial intelligence to continue his research study in resilient and autonomous control systems with an aim to enhance detection of cyber threats to power systems and power system security. Based on the foregoing, the Petitioner has established he offers contributions of such value that, on balance, he 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. Accordingly, we hereby withdraw the Director's decision otherwise.
Conclusion
The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical framework. We find that he has established he is eligible for and otherwise merits anational interest waiver as a matter of discretion.
ORDER: The appeal is sustained.