dismissed EB-2 NIW Case: Acting And Modeling

U.S. Citizenship 
and Immigration 
Services 
In Re: 10297297 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 17, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, an actor and model, seeks second preference immigrant classification as an individual 
of exceptional ability, 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 Nebraska Service Center denied the petition, concluding that the Petitioner had not 
established that she was individual of exceptional ability. 
On appeal, the Petitioner submits a brief asserting that she meets the requirements of the requested 
classification. 
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 dismiss the appeal. 
I. 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 
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 of the 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. 
Section 10l(a)(32) of the Act provides that "[t]he term 'profession' shall include but not be limited to 
architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, 
colleges, academics, or seminaries." 
The regulation at 8 C.F.R. § 204.5(k)(2) contains the following relevant definitions: 
Advanced degree means any United States academic or professional degree or a foreign 
equivalent degree above that of baccalaureate. A United States baccalaureate degree 
or a foreign equivalent degree followed by at least five years of progressive experience 
in the specialty shall be considered the equivalent of a master's degree. If a doctoral 
degree is customarily required by the specialty, the alien must have a United States 
doctorate or a foreign equivalent degree. 
Exceptional ability in the sciences, arts, or business means a degree of expertise 
significantly above that ordinarily encountered in the sciences, arts, or business. 
Profession means one of the occupations listed in section 10l(a)(32) of the Act, as well 
as any occupation for which a United States baccalaureate degree or its foreign 
equivalent is the minimum requirement for entry in the occupation. 
In addition, the regulation at 8 C.F.R. § 204.5(k)(3)(ii) sets forth the specific evidentiary requirements 
for demonstrating eligibility as an individual of exceptional ability. A petitioner must submit 
documentation that satisfies at least three of the six categories of evidence listed at 8 C.F.R. 
§ 204.5(k)(3)(ii). 
Furthermore, 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). 1 Dhanasar states that after a petitioner has 
established eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) 
may, as matter of discretion 2, grant a national interest waiver if the petitioner demonstrates: (1) that 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 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). 
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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. 3 
II. ANALYSIS 
In denying the petition, the Director determined that the Petitioner had not met any of the criteria at 
8 C.F.R. § 204.5(k)(3)(ii). On appeal, the Petitioner asserts that she meets the four criteria addressed 
below. 4 
An official academic record showing that the alien has a degree, diploma, certificate, 
or similar award from a college, university, school, or other institution of learning 
relating to the area of exceptional ability. 8 C.F.R. § 204.5(k)(3)(ii)(A). 
The Petitioner submitted a certificate of completion froml I a modeling agency, along with a 
letter from the University I I confirming enrollment in one class,I I 
I I in 2013. The certificate, which provides the date of issue5, but not the dates attended or the 
length of the program, lists the following: 
Fashion show 5 
Aerobics 4 
Modem choreography 5 
Manicure 5 
Stylistics 5 
Makeup 5 
Photo training - credited 
Hair Styling 4 
Theory - credited 
The record does not demonstrate that the certificate meets the plain language of the regulation. Without 
additional evidence, the Petitioner has not sufficiently established thatl I qualifies as a "college, 
university, school or other institution of learning" or that the certificate is "an official academic record." 
Regarding the letter, enrollment in one class does not establish that the Petitioner "has a degree, diploma, 
certificate or similar award," as required by the plain language of the regulation. 
We also note that, even if the Petitioner were to establish that the certificate froml I meets 
this evidentiary criterion, she must still satisfy an additional two criteria. In addition, section 
203(b)(2)(C) of the Act provides that the possession of a degree, diploma, certificate or similar award 
3 See Dhanasar, 26 T&N Dec. at 888-91, for elaboration on these three prongs. 
4 As the Petitioner does not address the remaining criteria, we consider them abandoned. See Matter of R-A-M-. 25 T&N 
Dec. 657. 658 n.2 (BIA 2012) (stating that when a filing party fails to appeal an issue addressed in an adverse decision, 
that issue is waived). See also Sepulveda v. U.S. Att ·v Gen., 401 F.3d 1226. 1228 n. 2 (11th Cir. 2005). citing United States 
v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998); Hristov v. Roark, No. 09-CV-27312011, 2011 WL 4711885 at *1, 
*9 (E.D.N.Y. Sept. 30, 2011) (plaintiffs claims were abandoned as he failed to raise them on appeal to the AAO). 
5 The Petitioner was fourteen years old as of the date the certificate was issued. 
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from a college, university, school or other institution of learning shall not by itself be considered 
sufficient evidence of exceptional ability. 
Evidence in the form ofletter(s)from current or former employer(s) showing that the alien 
has at least ten years offitll-time experience in the occupation for which he or she is being 
sought. 8 C.F.R. § 204.5(k)(3)(ii)(B) 
The regulation requires that letter(s) 1) be from current or former employers and 2) establish ten years 
ofjitll-time experience in the occupation ( emphasis added). The Petitioner asserts that two letters of 
recommendation satisfy this requirement. First, the letters do not demonstrate that either author 
qualifies as the Petitioner's employer. Instead, the letters indicate that the authors cast the Petitioner 
in a project that is currently on hold. Second, while we acknowledge that the authors provide general 
statements such as "she has acted in various performances in different countries," and "has over 10 
years of experience in character acting including practice in other countries," the record does not 
contain evidence, such as promotional materials or playbills, to establish that the Petitioner has at least 
ten years of full-time experience as an actor/model. 6 For example, according to the submitted 
IMDBPro profile, in addition to the above-mentioned project on hold, she has appeared in one video 
in 2000 and one episode of a TV show in 2018. 7 
A license to practice the profession or cert[fication for a particular profession or 
occupation. 8 C.F.R. § 204.5(k)(3)(ii)(C). 
On appeal, the Petitioner states that there are no licenses or certifications available for actors and would 
"prefer[] to provide comparable evidence that has the same connotation in [the] screen acting world as 
[a] license," which is "having an agent." The Petitioner generally claims that it is difficult for actors to 
obtain an agent and asserts "big production companies only work with actors that are signed with an 
agent." For comparable evidence to be considered, however, the petitioner must explain why a particular 
evidentiary criterion listed in the regulations is not readily applicable to his or her occupation and establish 
that the submitted evidence is "comparable" to that criterion. 8 C.F.R. § 204.5(k)(3)(iii). 
Licensure to practice a profession and certification for a profession or occupation generally 
demonstrate a level of knowledge or skill associated with the related occupation. Here, the Petitioner 
has not provided any supporting evidence to establish the requirements, if any, for obtaining an agent. 
The Petitioner's general assertions, without more, are not probative evidence and do not demonstrate 
that having an agent is comparable to obtaining a license or certification commensurate with the 
criterion. 
6 We also note that thcl I 2019 letter purported to be froml I does not contain a signature and is not on any 
form of letterhead. Regardless, the letter claims that the Petitioner "is also advanced in educational level" and "holds a 
BA degree." The record, however, contradicts this claim. For example, the Form ETA-9089, Application for Permanent 
Employment Certification, which the Petitioner signed under penalty of perjury, lists "High School" as the highest level 
of education. In addition, the record contains no evidence of a bachelor's degree. The Petitioner must resolve this 
inconsistency with independent, objective evidence pointing to where the truth lies. Matter of Ho, 19 l&N Dec. 582, 591-
92 (BIA 1988). 
7 See also https://www.imdb.com/name .__ ________ ___. (last accessed Feb. 16, 2021). 
4 
Evidence of membership in professional associations. 8 C.F.R. § 204.5(k)(3)(ii)(E). 
The Petitioner submitted a photocopy of a badge from the Motion Picture and Television Fund (MPTF) 
which lists her name, photograph, and the word "Volunteers." First, the badge does not indicate that 
the Petitioner is, in fact, a member of MPTF. Second, the Petitioner did not provide any supporting 
evidence, such as the membership requirements, regarding MPTF to establish that it is a professional 
organization. As noted above, profession is defined as "one of the occupations listed in section 
10l(a)(32) of the Act, as well as any occupation for which a United States baccalaureate degree or its 
foreign equivalent is the minimum requirement for entry in the occupation." 8 C.F.R. § 204.5(k)(2). 
For the reasons set forth above, the evidence does not establish that the Petitioner satisfies at least three 
of the criteria at 8 C.F.R. § 204.5(k)(3)(ii) and has achieved the level of expertise required for 
exceptional ability classification. As the Petitioner has not met the threshold requirement for this 
classification, farther analysis of her eligibility for a national interest waiver would serve no 
meaningful purpose. 
III. CONCLUSION 
The appeal will be dismissed for the above stated reasons, with each considered as an independent and 
alternate basis for the decision. 
ORDER: The appeal is dismissed. 
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