dismissed EB-2 NIW Case: Architecture

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : JUN. 6, 2023 In Re: 26378865 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an architect, seeks classification under the second-preference, immigrant visa category 
as a member of the professions holding an advance degree and a waiver of the category 's job-offer 
requirement. See Immigration and Nationality Act (the Act) section 203(b)(2)(A), (B)(i), 8 U.S .C. 
§ 1153(b )(2)(A), (B)(i). U.S. Citizenship and Immigration Services (USCIS) has discretion to excuse 
the job-offer requirement - and the related need for certification from the U.S. Department of Labor 
(DOL) - if a noncitizen demonstrates that their proposed employment in the United States would be 
in the "national interest." Section 203(b )(2)(B)(i) of the Act. 
The Director of the Texas Service Center denied the petition. The Director found the Petitioner 
qualified as an advanced degree professional. But the Director concluded that the Petitioner did not 
demonstrate that his proposed U.S . employment would be in the national interest. On appeal , the 
Petitioner contends that the Director overlooked evidence of the "national importance" of his proposed 
endeavor. 
The Petitioner bears the burden of demonstrating eligibility for the requested benefit by a 
preponderance of the evidence. See Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). 
Exercising de novo appellate review , see Matter of Christa 's, Inc. , 26 I&N Dec . 537, 537 n.2 (AAO 
2015), we agree with the Director that the Petitioner did not demonstrate the national importance of 
his proposed U.S. work. We will therefore dismiss the appeal. 
I. LAW 
To establish eligibility for a national interest waiver, a pet1t1oner must first demonstrate their 
qualifications for the underlying immigrant visa category, either as an advanced degree professional 
or a noncitizen of exceptional ability in the sciences, arts, or business. Section 203(b )(2)(A) of the 
Act. The category generally requires a prospective U.S. employer to seek a noncitizen's services and 
obtain DOL certification to permanently employ them in the country . Section 212(a)(5)(D) of the Act, 
8 U.S.C. § 1182(a)(5)(D). To avoid the job offer/labor certification requirements, a petitioner must 
demonstrate that waiving these U.S .-worker protections would be in the national interest. Section 
203(b )(2)(B)(i) of the Act. 
Neither the Act nor regulations define the term "national interest." But we have established a 
framework for adjudicating requests for national interest waivers. See Matter ofDhanasar, 26 I&N 
Dec. 884, 889 (AAO 2016). If otherwise qualified as an advanced degree professional or noncitizen 
of exceptional ability, a petitioner may merit a waiver of the job-offer/labor certification requirements 
if they establish that: 
• Their proposed U.S. work has "substantial merit" and "national importance;" 
• They are "well-positioned" to advance their intended endeavor; and 
• On balance, a waiver of the job-offer/labor certification requirements would benefit the United 
States. 
Id. 
II. ANALYSIS 
The Petitioner, a native and citizen of Brazil, has a bachelor's degree in architecture and urban 
planning and more than 20 years of experience as an architect in his home country. He seeks to 
continue permanently working in the profession, designing, consulting, and planning residential, 
commercial, and public structures in the United States. 
A. Advanced Degree Professional 
The Petitioner demonstrated his possession of the foreign equivalent of a U.S. bachelor's degree in 
architecture, followed by more than five years of progressive experience in the field. See 8 C.F.R. 
§ 204.5(k)(2) (defining the term "advanced degree"). We therefore affirm the Director's finding that 
the Petitioner qualifies for the requested immigrant visa category as an advanced degree professional. 
B. Substantial Merit 
A petitioner may demonstrate a proposed undertaking's substantial merit by showing its "potential to 
create a significant economic impact." Matter of Dhanasar, 26 I&N Dec. at 889. But "endeavors 
related to research, pure science, and the furtherance of human knowledge may qualify, whether or 
not the potential accomplishments in those fields are likely to translate into economic benefits for the 
United States." Id. 
The Petitioner contends that he would provide valuable services in the United States, boosting the 
economic impact of the country's construction and housing industry and benefiting various other 
fields. We therefore agree with the Director that the Petitioner's proposed endeavor has substantial 
merit. 
C. National Importance 
When assessing the national importance of proposed U.S. work, USCIS does not consider the 
significance of a petitioner's field, industry, or profession. Rather, the Agency focuses on "the specific 
endeavor that the foreign national proposes to undertake." Matter ofDhanasar, 26 I&N Dec. at 889. 
In determining national importance, we consider an endeavor's "potential prospective impact." Id. 
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"An undertaking may have national importance, for example, because it has national or even global 
implications within a particular field, such as those resulting from certain improved manufacturing 
processes or medical advances." Id. USCIS does not focus on a proposal's geographical scope. Id. 
at 890. "An endeavor that has significant potential to employ U.S. workers or has other substantial 
positive economic effects, particularly in an economically depressed area, for instance, may well be 
understood to have national importance." Id. 
The Director concluded that the Petitioner demonstrated the national importance of the architectural 
field, but not of his specific endeavor. The Director found that the record lacks sufficient evidence 
that the benefits of the Petitioner's work would reach beyond his employers and clients to advance his 
field or significantly boost the U.S. economy or an economically depressed area within the country. 
On appeal, the Petitioner contends that he demonstrated that his U.S. work would broadly benefit more 
than his employers and clients, but also various U.S. interests, including: 
• The construction and housing industry by contributing to its positive economic impact; 
• Tourism by designing distinctive and iconic structures; 
• Revitalization and recovery of historic buildings by playing a "vital role" in urban 
regeneration; 
• Consumerism by creating commercial spaces to stimulate buying; 
• Implementation of corporate projects by creating "theme" structures representing companies' 
branding history and development; and 
• Federal government initiatives by designing "green buildings," using environmentally 
responsible construction processes, and modernizing and improving U.S. infrastructure. 
We agree that these interests are important. As the Director found, however, USCIS must focus on 
"the specific endeavor that the foreign national proposes to undertake." Matter ofDhanasar, 26 I&N 
Dec. at 889. The Petitioner has not demonstrated that his specific proposal has national implications. 
The Petitioner states that his work would economically boost the U.S. construction and housing 
industry. But he has not established the national significance of that impact or its occurrence in an 
economically depressed area. The record also does not indicate that his U.S. work would produce 
architectural outcomes or processes advancing the field. Further, the Petitioner has not submitted 
evidence that his specific proposal would benefit the other areas he lists. 
In Dhanasar, we found that a proposal to teach U.S. students in science, technology, engineering, and 
math ("STEM") disciplines lacked national importance. Matter of Dhanasar, 26 I&N Dec. at 893. 
We agreed that the field of STEM teaching has substantial merit. Id. But we found insufficient 
evidence that the petitioner's specific activities would broadly affect STEM education. Id. The 
Petitioner's proposed endeavor is similar. The architectural profession has substantial merit. But, 
without evidence of broader implications for the country or the field, the record does not establish that 
the Petitioner's specific proposal rises to the level of national importance. We will therefore affirm 
the petition's denial. 
Our affirmance resolves the appeal. As the Petitioner has not demonstrated the national importance 
of his proposed U.S. employment, we need not consider whether he meets the other requirements for 
a national interest waiver. Rather, we will reserve consideration of the other requirements if and until 
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needed. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976). ("[A]gencies are not required to make 
findings on issues the decision of which is unnecessary to the results they reach.") 
III. CONCLUSION 
The Petitioner demonstrated his qualifications as an advanced degree professional and the substantial 
merit of his proposed U.S. work as an architect. But the record does not sufficiently establish the 
national importance of his intended endeavor. 
ORDER: The appeal is dismissed. 
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