dismissed EB-2 NIW Case: Aerospace Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF G-P-C-F-K-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 8, 2018 
PETITION: FORM 1-140, 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 oiTer and thus of a labor certification. Mal/er of' 
Dhanasar, 26 J&N Dec. 884 (AAO 20 16). · 
The Director of the Texas Service Center denied the Form 1-140, 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 eertilication, would be in the national interest. 
On appeal, the Petitioner submits a brief and contends that he is eligible for a national interest waiver 
under the Dhanas(tr tl·amework. 
Upon de novo 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. 
Muller o(G-1'-C-F-K-
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]hc 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. 8841 Dhana.1·ar 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 shitis the focus frotn 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 
1 
In announcing this new framework. we vacated our prior precedent decision, !vlatter <!( Nen· Vork State Deparlmenl of 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
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Matter ofG-P-C-F-K-
performing this analysis, US CIS may evaluate factors such as: whether, in light of the nature of the 
foreign national's qualifications or the proposed endeavor , it would be impracti~al either for the 
foreign national to secure a job offer or for the petitioner to obtain a labor ce11ification; 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. 2 
II. ANALYSIS 
The Director found that the Petitoner qualifies as a member of the professions holding an advanced 
degree. 3 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. 
As discussed below, the Petitioner proposes to sta11 an engineering simulations business, 
At the time of tiling, he was serving as a Application and 
Simulation Engineer for 111 Colorado. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
With respect to his proposed endeavor, the Petitioner states: "I intend to continue my work and my 
research in aerospace engineering by stm1ing an engineering simulation business, 
This business will further support projects of national importance, which could include 
engineering services for launch vehicles or engineering of scientific payloads destined for the 
' In Dhanasar, we held that a petitioner must identify ''the specific 
endeavor that the foreign national proposes to undertake." !d. at 889. The record, however, does not 
include documentary evidence of proposed projects involving launch 
vehicles or scientific payloads, or other information about the specific engineering research projects 
the Petitioner will undertake. 
In his appeal brief~ the Petitioner maintains that he is "attempting to start a business in the category 
of 'early stage innovation' in aerospace simulations." He requests that we evaluate his national 
interest waiver request under "Matter of Dhanasar, especially with regard to entrepreneurs for this 
new, flexible criterion." In addition, he offers a business plan for In 
the "Executive Summary"' section, this business plan states: 
~See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
·' The record reflects that the Petitioner received a master of science in aerospace engineering sciences (20 14) from the 
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The record indicates that is a specific brand of computer simulation soft ware. 
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Maller (lG-P-C-F-K-
will begin as a business offering engineering simulation 
and analysis services, working to analyze complex engineering problems for 
customers in industries such as aerospace, consumer products, and biomedical and 
life sciences. We will use software to conduct analyses of 
many types: structural analysis, thermal analysis, frequency analysis, buckling 
analysis, t~ltigue life prediction, and tlow analysis. 
The business plan further notes that "[t]ypical buyers lor will be small 
and medium size businesses, including those in aerospace, consumer product design, medical 
devices, tirst-to-market inventors, and others." Furthermore, the Petitioner otters letters from two of 
his customers expressing their interest in purchasing engineering analysis services from his 
future company. For example, a sales engineer with a 
provider of fracturing services in the oil and gas industry, notes the Petitioner has advised him on 
computer based flow simulations and that he would be "interested in purchasing consulting time" 
when the Petitioner's business becomes operational. In addition, the record includes a letter from 
who is founder and chief executive officer of a 
design engineering consultancy, and also the founder of a concrete 
shelter provider. states that the Petitioner has helped him with "simulations of 
engineering problems such as structural analyses, using sollware" and that 
he is "interested in buying engineering analysis services from [the Petitioner] \vhen he is allowed to 
begin business." We find that the Petitioner's proposed work has substantial merit, as it is aimed at 
otlering engineering simulation and analysis services for his company's future clients. 
To satisfy the national importance requirement, the Petitioner must demonstrate the ·•potential 
prospective impact" of his work. He contends that "small aerospace businesses such as my proposed 
entrepreneurship do indeed have national importance," but, as we will discuss below, he has not 
sufficiently demonstrated the breadth of his company's implications through. supporting 
documentation. In addition, the Petitioner asks that we consider letters describing his previous work 
on the project at the 
However, these letters address his past projects rather than the 
national importance of his proposed endeavor. 
The Petitioner has not established that his proposed work for has 
implications beyond his company and its potential" clients at a level sufficient to establish the 
national importance of his endeavor. 5 While he asserts that his company must attract initial 
customers before pursuing contracts with larger customers such as the 
and the he does not sufficiently explain or 
demonstrate how his future work for stands to affect these particular 
agencies or the broader defense and aerospace industries. Nor does the record show, for instance, 
that the specific work the Petitioner proposes to undertake offers original innovations to advance the 
5 
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. hi. at 893. 
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Maller ofG-P-C-F-K-
aforementioned industries, or that it otherwise has wider implications in the aerospace simulations 
fteld. 6 
In addition, the Petitioner asserts that his "business has significant potential to employ U.S. workers. 
After one year in business, I intend to hire at least one additional employee." The record, however, 
does not show that hiring one additional employee represents a significant potential to employ U.S. 
workers or that it otherwise offers substantial positive economic effects for the nation. As the 
Petitioner has not established that his specific endeavor's prospective impact 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 shitls the focus from the proposed endeavor to the Petitioner's qualifications. for 
the reasons discussed below, we withdraw the Director's finding that the Petitioner meets this prong. 
The Petitioner submitted his curriculum vitae, academic records. documentation of a postgraduate 
scholarship from the and evidence 
of his graduate research work (a conference presentation and a poster presentation). In addition, the 
Petitioner offered reference letters discussing his involvement with the 
project at the The 
record also includes articles discussing payloads (including ) transported to the 
and information about components. 
With regard to his proposed business. the Petitioner offers a business 
plan, financial forecasts and projections, and a bank statement reflecting that he has $20,501.57 in 
funds to start his business. 8 On appeal, the Petitioner asserts that he is "one of only five individuals 
in state of Colorado to have achieved the Certified Professional certificate" 
and that he is skilled at conducting "dynamic, fluid flow, thermal heat conduction, and other type[s] 
of aerospace simulations." While the letters of support and other evidence indicate that the 
Petitioner has experience in payload design for space based research and 
software, the record does not show that this past experience renders him well positioned to advance 
his proposed endeavor aimed at starting an engineering simulations business. 
6 
While the record indicates that the Petitioner performed and presented research as part of his graduate studies at the 
research center. he has not sufficientlv demonstrated that 
aerospace engineering research and development projects are the focus of his proposed endeavor: Rather, the record 
shows that he intends to start a company that offers engineering simulation and analysis services to a variety of 
businesses. including those involved in aerospace. consumer product design. medical devices. first-to-market inventions. 
life sciences, oil and gas. and concrete. 
7 
For instance. the evidence includes letters from the Petitioner's prof~ssors at describing 
his work on mechanical and thermal svstcms. 
8 
The projected income statement and sales forecast for the year ending August 31. 2018 reflect operating pro lit of 
$124, I 0 I and total sales of$145, 704. respectively. 
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Matter ofG- P-C-F-K-
We acknowledge the two letters from and ex pres sing interest in purchasing 
engin eering analysis service s from Petit ioner 's future company. The record, howeve r, does not 
reflec t sufficient interest from p·otential customers, users, investor s, or other releva nt entities or 
individuals to demonstrate that he is well positioned to advance his proposed company. Nor does 
the evidence show that the Petitioner 's track record of running a business, business plan for future 
act ivities, and progress towards achieving his company's goals rise to the leve l of rende ring him well 
positioned to advance the propo sed endeavor. For these reasons, he has not established that he 
sat isfies 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 requ ires the petitioner to demonstr ate that, on balance, it would 
be beneficial to the United States to waive the requirements of a job offer and thu s of a labor 
certification. Here , the Petition er claims that he is eligible tor a wai ver due to his knowledge and 
experience, potential job creation resulting from his busine ss, and the impract icality of labor 
certific ation. However, as the Petiti one r has not established the national importance of his proposed 
endeav or and that he is well positioned to advance his endeavor as requir ed hy the first and seco nd 
prongs of the Dhanasar framework, he is not eligible for a nation al interest waiver and further 
discussion of the balancing factor s under the third prong v,rould serve no meaningful purp ose. 
Ill. CONCLUSION 
As the Petitioner has not met the requisite three prongs set torth in the Dhanasar analytical framework, 
we tind that he has not established he is eligible for or other'vvise merits a natio nal interes t waiver as 
a matter of discretion. 
ORDER: The appeal is dismi ssed. 
Cite as Matter (~(G-P-C-F-K-, ID# I 033730 (AAO Mar.&, 2018) 
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