dismissed EB-2 NIW Case: Architecture

U.S. Citizenship 
and Immigration 
Services 
MATTER OF J-L-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 14,2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
\ 
The Petitioner, a Building Information Modeling (BIM) specialist in sustainable architecture design, 
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 a petitioner has ~stablished 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. Matter 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 ofajob offer, and thus of a 
labor certification, would be in the national interest. The matter is now before us on appeal. 
With the appeal, the Petitioner submits a brief and contends that he is eligible for a national interest 
waiver. In March 2017, we issued a request for evidence (RFE) asking the Petitioner to provide 
evidence satisfying the three-part framework set forth in Dhanasar. The Petitioner did not respond 
to our request. 
Upon de novo review, we will dismiss the app~al. 
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 J-L-
Section 203(b) ofthe 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 clarifies that, after EB-2 eligibility as an advanced degree professional or 
individual of exceptional ability has been established, USCIS may grant a national interest waiver if 
the petitioner demonstrates by a preponderance of the evidence: (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. If these 
three elements are satisfied, users may approve the national interest waiver as a matter of 
discretion. 
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 col!sider 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 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm 'r 1998) (NYSDOT). 
2 
Matter of J-L-
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 
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 impractical either for the 
foreign national to secur~ 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 of a job offer and thus of a labor certification? 
II. ANALYSIS 
The Director found that the Petitioner qualified as a member of the professions holding an advanced 
degree. 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. 
A. Appeal Abandoned 
We may summarily dismiss an appeal if the Petitioner does not respond to our RFE. The regulation 
provides, in pertinent part: 
If the petitioner or applicant fails to respond to a request for evidence or to a notice of 
intent to deny by the required date, the benefit request may be summarily denied as 
abandoned, denied based on the record, or denied for both reasons. 
8 C.P.R. § 103.2(b)(13)(i). Our RFE specifically informed the Petitioner that "[w]e may dismiss 
your appeal if we do not receive your response to this RFE within 48 days of the date on the cover 
letter. This time period includes 3 days added for service by mail." (Emphasis in original.) To 
date, more than 48 days have lapsed, and we have yet to receive a response from the Petitioner on 
issues we discussed in the RFE. As such, we will summarily dismiss the appeal as abandoned 
pursuant to 8 C.P.R.§ 103.2(b)(13)(i). 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 
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Matter of J-L-
B. Eligibility Under the Dhanasar Framework 
In the alternative, we find that the Petitioner has not demonstrated that he satisfies the requirements 
set forth in Dhanasar. At the time of filing, the Petitioner was working as a design architect at the 
office of . an international technical professional 
services firm. He proposes to work a~ a BIM-speciafist in sustainable architecture design. 3 
With respect to the national importance of the Petitioner's proposed endeavor , the Petitioner asserted 
that his work offered national benefits through architectural projects that "connect people across the 
United States." For example, he pointed to his past design work involving the 
and Aircraft's manufacturing facility. The Petitioner 
contended that these projects connect people to other parts of the country because ' Buses 
from around the country are using the in between routes" and "aircrafts take Americans all over 
the country. " Our RFE asked for evidence documenting the "potential implications and prospective 
impact" of his work. 
As the Petitioner did not respond to our request , he has not demonstrated that he is eligible for a 
national interest waiver. Specifically , the record does not show that the benefits of his planning and 
design work would extend beyond his firm and its architectural projects at a level sufficient to 
demonstrate the national importance of his endeavor. Accordingly, without sufficient documentation 
of their broader impact, his BIM activities do not meet the "national importance" element of the first 
prong of the Dhanasar framework.4 Furthermore, without additional information and evidence, the 
Petitioner has not established that he is well positioned to advance his proposed endeavor and that, 
on balance, it would be beneficial to the United States to waive the requirements of a job offer and 
thus of a labor 9ertification. 
III. CONCLUSION 
As the Petitioner did not respond to our RFE seeking evidence to establish eligibility, the appeal is 
considered abandoned. In addition, as the Petitioner has not met the 
requisite three prongs set forth in 
the Dhanasar analytical framework, we find that he has not established eligibility for or otherwise 
merits a national interest waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
Cite as Matter of J-L-, ID# 386498 (AAO June 14, 20 17) 
3 The Petitioner explained that sustainable architecture "seeks to minimize the negative environmental impact of 
buildings. " He described BIM "as a digital representation of the physical and functional characteristics of a structure " 
with which "resource allocation and reduction can be modeled and studied." 
4 
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. 
4