dismissed EB-2 NIW Case: Aerospace Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF R-A-S-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 12,2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an aerospace engineer, 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). After the petitioner has established eligibility for EB-2 
classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, 
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. Malter of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). 
The Director of the Nebraska Service Center denied the Form I -140, Immigrant Petition for Alien 
Worker, finding 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 asserts that he is eligible for a 
national interest waiver. In September 2017, we issued a request for evidence (RFE) asking the 
Petitioner to provide evidence satisfying the three-part framework set forth in Dhanasar. In 
response, he provides an additional statement and further evidence. 
Upon de novo review, we will deny the motion. 
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. 
Matter of R-A-S-
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 of job 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 recently 
set forth a new framework for adjudicating national interest waiver petitions. See Dhanasar, 26 I&N 
Dec. 884. 1 Dhanasar states that after EB-2 eligibility has been established, USCIS may. as a matter 
of discretion, grant a national interest waiver when the below prongs are met. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
foreign national proposes to undertake. The endeavor's merit may be demonstrated in a range of 
areas 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. 
1 
In announcing this new framework, we vacated our prior precedent decision, Matter o(New York State Department ol 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm 'r 1998) (NYSDOT). 
2 
.
Matter of R-A-S-
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) considered must, taken together, indicate that on balance, it would be beneficial to the 
United States to waive the requirements ofajob offer and thus of a labor certification. 2 
II. ANALYSIS 
The record reflects that the Petitioner received master of science degrees m applied mathematics, 
aerospace engineering, and applied statistics from and a 
master of business administration from Accordingly, the 
Director found that the Petitioner qualified for classification as a member of the professions holding 
an advanced degree, and we agree with this determination. The sole issue in contention is whether the 
Petitioner has established that a waiver of the job offer requirement, and thus the labor certification, is in 
the national interest according to the three-pronged analysis set forth in Dhanasar. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
The Petitioner previously stated that he intends to work in the field of aerospace engineering, to 
"design, construct, and test aircraft, missiles, and space craft." He indicated that he is "seeking to 
become an associate research developer in either applied mathematics or aerospace engineering" 
focusing on the local or international market. He also stated that he wishes to work "with 
governmental agencies which are engaged in the practice of the full spectrum of general engineering 
doctrines and prototype research and development, for sensitive governmental programs, defense, or 
a commercial enterprise." At the time of filing, the Petitioner was working as an adjunct faculty 
member and lecturer in mathematics at several colleges. 
In our RFE we requested additional information explaining the Petitioner's proposed endeavor, 
along with evidence documenting the "potential prospective impact" of his work. We noted that. as the 
Petitioner is applying for a waiver of the job offer requirement, he need not have a job offer from a 
specific employer, but that information about the nature of the proposed endeavor is necessary for us to 
determine whether it has substantial merit and national importance. 
The Petitioner's response to our RFE maintains that he wishes to work in the area of ''defense 
projects" such as design and performance of next generation planes and space endeavors. He also 
provides a copy of an internet job advertisement for an "entry-level operations research engineer" 
2 
See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 
.
Matter of R-A-S-
position, the duties of which include, in part, "providing and maintaining simulations and analyzing 
new concepts in air and missile defense." The Petitioner does not explain the significance of this job 
advertisement or clarify whether it is meant to illustrate the type of position he intends to seek. 
Regardless, while work on "defense projects" has substantial merit, the Petitioner does not otTer 
sufficient detail regarding his specific proposed engineering work to demonstrate that it will advance 
research initiatives, impact the field of aerospace engineering research more broadly, or otherwise 
have implications rising to the level of having national importance. Thus, the Petitioner's 
submissions are insufficient to establish that his proposed work as an engineer meets the first prong 
of the Dhanasar framework. 
Additionally on appeal, the Petitioner avers that he will continue to teach and mentor students in 
science, mathematics, and engineering fields at community colleges and universities. He indicates 
that his "lifelong goal is to teach and instill in students a passion and long-term interest towards 
STEM fields. " We find that the Petitioner's proposed teaching duties at the college level have 
substantial merit. The record, however, 
does not establish that his course instruction would impact 
his endeavor more broadly, as opposed to being limited to the students at the institution where he 
teaches. Accordingly, without sufficient documentary evidence of their broader impact, the proposed 
teaching activities do not meet the "national importance" element of the first prong of the Dhanasar 
framework. Similarly, in Dhanasar, we determined that the petitioner's teaching activities did not 
rise to the level of having national importance because they would not impact his field more broadly. 
!d. at 893. 
As the Petitioner has not established that the prospective impact of either his engineering activities 
or his teaching supports a finding of national importance, he has not met 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 Petitioner 
submitted academic records and various awards and certificates, including several for participation, 
completion, and attendance for training courses and seminars relating to his professional 
development. As discussed below, we find that the Petitioner has not demonstrated a record of success 
or progress in his field, or a degree of interest in his work from relevant patties, that rises to the level of 
rendering him well positioned to advance his proposed engineering or teaching endeavor. See 
Dhanasar , 26 I&N Dec. at 890. 
The Petitioner maintains that his education, knowledge, and skills in aerospace engineering and 
mathematics show that he is well positioned to advance his proposed engineering work. He provided 
letters of recommendation reflecting that he has worked on projects during his graduate degree 
programs. For example, professor of mechanical and aerospace engineering at 
supersomc 
with 
states that the Petitioner "developed to analyze 
and use the code to determine the contour of a minimum-length nozzle 
' Similarly, . professor of mechanical and ------------------------
4 
.
Matter of R-A-S-
aerospace engineering at also commends the Petitioner's work 
on the analyzing supersonic in rocket nozzles. However, neither 
recommender explains the significance of this project or the Petitioner's contribution, nor does the 
record indicate that he disseminated his work in the field, either in academic journals or conference 
presentations. While the Petitioner may have provided support and assistance to the 
project, the record does not support the claimed significance of his role in this or other research 
endeavors. He has not shown, for example, that his research amounts to a record of success in his 
field, that his contributions generated interest among relevant parties, or that this research experience 
otherwise renders him well positioned to advance his proposed engineering work on defense 
projects. 
In addition, the Petitioner has not demonstrated that he is well-positioned to advance his proposed 
teaching endeavor. The Petitioner provided letters of recommendation from former colleagues, 
supervisors, and teachers, attesting to his academic accomplishments and congenial manner. The 
references discuss the Petitioner's student achievements, dedication, and academic integrity. For 
example, a letter of support from professor of statistics at 
stated that he "has an absolute mastery of the mathematics which is taught 
at the community college level" and that he "communicates clearly" and "relates very well with 
others." While the references offer prospective opinions that the Petitioner's background and skills 
will make him a good teacher, they do not speak to his actual experience as a teacher, nor does the 
record include other documentation showing a record of success in his past teaching efforts. 
Accordingly, the Petitioner has not provided evidence that he is well positioned to advance his 
proposed endeavor of teaching STEM courses at the college level. We find therefore that the record 
is insufficient to establish that either his teaching activities or his research render him well 
positioned under 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. However, as the Petitioner has not established the national importance of his proposed 
endeavor(s) as required by the first prong of the Dhanasar framework, or offered sufficient evidence 
that he is well positioned to further such endeavors, he is not eligible for a national interest waiver 
and further discussion of the balancing factors under the third prong would serve no meaningful 
purpose. 
ORDER: The appeal is dismissed. 
Cite as Matter ofR-A-S-, ID# 583627 (AAO Dec. 12, 2017) 
5