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Immigration Law

AAO on National Interest Waiver: Matter of H-N-N-B- (Non-Precedent)

"The Petitioner, an individual, seeks classification as a member of the professions holding an advanced degree. See Immigration and Nationality Act (the Act) § 203(b )(2), 8 U.S.C. § 1153(b )(2). The Director, Texas Service Center, denied the immigrant visa petition. The matter is now before us on appeal. The appeal will be sustained.

The Petitioner seeks employment as an Assistant Professor of Geography and Geographic Information Science researcher. The Petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States. The Director found that the Petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the Petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States. On appeal, the Petitioner submits a brief and additional evidence.

... The aforementioned letters of support and extensive citation of the Petitioner's work by others in the field are sufficient to demonstrate that the Petitioner's research has had a degree of influence on the field of geographic information science. The evidence in the record establishes the significance of this Petitioner's research, as opposed to the general area of research, and identifies specific benefits attributable to his work that have influenced the field as a whole. We therefore find that the Petitioner's past record of achievement justifies projection that he will serve the national interest to a significantly greater degree than would an available U.S. worker having the same minimum qualifications." - Matter of H-N-N-B-, Sept. 10, 2015.