dismissed EB-2 NIW Case: Architecture

(b)(6)
DATE: 
JAN 0 9 2013 
INRE: Petitioner: 
Beneficiary: 
Office: TEXAS SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20. Massachusetts Ave., N.W., MS 2090 
Washington. DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an 
Advanced Degree or an Alien of Exceptional Ability Pursuant to Section 203(b )(2) of the 
Immigration and Nationality Act, 8 U.S.C. § 1153(b)(2) 
ON BEHALF OF 
PETITIONER: 
INSTRUCTIONS: 
Enclosed please fmd the decision of the Administrative Appeals Office in your case. All of the 
documents related to this matter have been returned to the office that originally decided your case. Please 
be advised that any further inquiry that you might have concerning your case must be made to that office. 
If you believe the AAO inappropriately applied·. the law in reaching its decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen 
in accordance with the instructions on Form I-290B, Notice of Appeal or Motion, with a fee of $630. The 
specific requirements for filing.such a motion can be found at 8 C.F.R. § 103.5. Do not file any motion 
directly with the AAO. Please be aware that 8· C.F.R. § 103.5(a)(l)(i) requires any motion to be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
• 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
www .uscis.gov 
(b)(6)Page2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, 
Texas Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The 
appeal will be dismissed. 
The petitioner seeks to classify the beneficiary pursuant to section 203(b )(2) of the Immigration 
and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2), as a member of the professions holding an 
advanced degree. The petitioner, a university, seeks to employ the beneficiary as an Assistant 
Professor of Architecture. The petitioner asserts that an exemption from the requirement of a job 
offer, and thus of a labor certification, is in the national interest of the United States. The· 
director found that the beneficiary qualifies for classification as a member of the professions 
holding an advanced degree, b.ut that the petitioner has not established that an exemption from 
the requirement of a job offer would be in the national interest ofthe United States. 
On appeal, counsel states: 
. The decision fails to consider the extensive and credible evidence of record that 
demonstrates that [the beneficiary] -based on her well-documented record of acclaim to 
date as an architect and university-level educator with a focus in sustainable architecture and 
urbanism -will benefit the National Interest to a significantly higher degree than a U.S. 
worker with rthe minimum qualifications for the position of Assistant Professor of 
Architecture. 
The petitioner submits a brief with additional evidence. For the reasons discussed below, the AAO 
) 
will uphold the director's decision. 
Section 203(b) of the Act states, in pertinent part: 
(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) WaiverofJob Offer-
(i) ... the 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. · 
(b)(6)
Page 3 
The director did not dispute that the beneficiary qualifies as a member of the professions holding an 
advanced degree. The sole issue in contention is whether the petitioner has established that a waiver 
of the job offer requirement, and thus a labor certification, is in the national interest. 
Neither the statute nor the pertinent regulations define the term "national interest." ·Additionally, 
Congress did not provide a specific definition of "in the national interest." The Committee on the 
Judiciary merely noted in its report to the Senate that the committee had "focused on national 
interest by increasing the number and proportion of visas for immigrants who. would benefit the 
United States economically and otherwise .... " S. Rep. No. 55, lOlst Cong., 1st Sess., 11 (1989). 
Supplementary information to regulations implementing the Immigration Act of 1990, published 
at 56 Fed. Reg. 60897,60900 (November 29, 1991), states: 
The Service [now U.S. Citizenship and Immigration Services (USCIS)] believes it 
appropriate to leave the application of this test as flexible as possible, although 
clearly an alien seeking to meet the [national interest] standard must make a 
showing significantly above that necessary to prove the "prospective national 
benefit" [required of aliens Seeking to qualify as "exceptional."] The burden will 
.rest with the alien to establish that 
exemption from, or waiver of, the job offer will 
be in the national interest. Each case is to be judged on its own merits. 
,In reNew York State Dept. of Transportation (NYSD01), 22 I&N Dec. 215, 217-18 (Act. Assoc. 
·comm 'r 1998), has set forth several factors which must be considered when evaluating a request for . 
a national interest waiver. First, it must be shown that the alien seeks employment in an area of 
substantial intrinsic merit. /d. at 217. Next, the petitioner must show that the proposed benefit will 
be national in scope. /d. Finally, the petitioner seeking the waiver must establish that the alien will 
serve the national interest to a substantially greater degree than would an available U.S. worker 
having the same minimum qualifications. /d. at 217-18. 
It must be noted that, while the national interest waiver hinges on prospective national benefit, it 
clearly must be established that the alien's past record justifies projections of future benefit to the 
national interest. /d. at 219. The petitioner's subjective assurance that the alien will, in the future, 
serve the national interest cannot suffice to establish prospective national benefit. The inclusion of 
the term "prospective" is used here to require future contributions by the alien, rather than to 
facilitate the entry of an alien with no demonstrable prior achievements, and whose benefit to the 
national interest would thus be entirely speculative. /d. 
The AAO also notes that the regulation at 8 C.F.R. § 204.5(k)(2) defines "exceptional ability'' as 
"a degtee of expertise significantly above that ordinarily encountered" in a given area of 
endeavor. By statute, "exceptional ability" is not, by itself, sufficient cause for a national interest 
waiver. /d. at 218. Thus, the benefit which the alien presents to her field of endeavor must 
greatly exceed the "achievements and significant contributions" contemplated for that 
classification. ld; see also id. at 222. Therefore, whether a given alien seeks classification as an 
alien of exceptional ability, or as a member of the professions holding an advanced degree, that 
(b)(6)
Page4 
alien cannot qualify for a waiver just by demonstrating a degree of expertise significantly above 
that ordinarily encountered in her field of expertise. 
The AAO concurs with the director's determination that the beneficiary's work is in an area of 
intrinsic merit and finds that the proposed benefits of her work, advancements and research in the 
fields of sustainable architecture and urban design, would be national in scope. It remains, then, 
to determine whether the beneficiary will benefit the national interest to a greater extent than an 
available U.S. worker with the same minimum qualifications. 
Eligibility for the waiver must rest with the alien's own qualifications rather than with the 
position sought. In other words, the AAO generally does not 
accept the argument that a given 
project is so important that any alien qualified to work on this project. must also qualify for a 
national interest waiver. !d. at 218. Moreover, it cannot suffice to state that the alien possesses 
useful skills, or a ''unique background." Special or unusual knowledge or training does not 
inherently meet the national interest threshold. ·The issue of whether similarly-trained workers 
are available in the United States is an issue under the jurisdiction of the Department of Labor. 
!d. at221. 
At issue is whether this beneficiary's contributions in the field are of such unusual significance 
that the petitioner merits the special benefit of a national interest waiver, over and above the visa 
classification sought. By seeking an extra benefit, the petitioner assumes an extra burden of 
proof. A petitioner must demonstrate a past history of achievement for the beneficiary with 
some degree of influence on the field as a whole. !d. at 219, n. 6. In evaluating the beneficiary's 
achievements, the AAO notes that original innovation, such as demonstrated by a patent, is 
insufficient by itself. Whether the specific innovation serves the national interest must be decided 
on a case-by-case basis. !d. at 221, n. 7. 
Along with information about documentation pertaining to the beneficiary's 
educational and professional qualifications, her design contest awards for unbuilt structures, and 
general information demonstrating the importance of the fields of sustainable architecture and 
urban design, the petitioner submitteq more than fifty letters of support discussing the 
beneficiary's work and occupational qualifications. The AAO will pot quote from every letter, 
because some of them contain redundant claims already addressed in other letters. Instead, the 
AAO will discuss selected examples to illustrate the 
nature of the references' claims. 
states: 
As an Assistant Professor of Architecture at [the beneficiary] is 
.responsible for preparing and teaching a wide variety of core and elective courses within 
Department of Architecture; including sustainable architecture, 
urbanism, South Asian art, and related fields. Her duties also include responsibility for 
serving as an advisor to students for specific architecture and design projects; 
representing the university in various academic and professional fora; and serving as a 
member of the Curriculum Committee, where she is active helping expand the curriculum 
(b)(6)Page 5 
to include new classes and opportunities in sustainable architecture, urban design, and 
related areas, as well as establishing a graduate degree program for the department. 
* * * 
fThe beneficiary] has continued to excel since commencinj!; employment at 
last year. As. noted above, her project recently won I st 
Prize at the competition. Further, the student group 
she directly advises recently won 1 ~· Prize at the prestigious 
Competition and another of her student 
championship last summer at the 
its 
teams won the 
competition for 
of 
As noted above, [the beneficiary] is not only actively engaged with the above-referenced 
teaching and design responsibilities, but she also serves as a member of the Department's 
Curriculum Committee, through which she helps recommend and introduce new 
sustainable architecture courses, projects, and- other opportunities, including efforts to 
build graduate program in Architecture and Design. Her ongoing 
teaching, research, administrative, and design duties clearly address key areas of 
importance in the field of Sustainable Architecture, Urbanism, and Planning including 
her research in the areas of Smart Growth/Intelligent City,· Transit Oriented 
Development, and the impact of Cellular Urbanism in Megacities. 
With regard to the beneficiary's teaching duties and service on the Department of Architecture's 
curriculum committee developing new courses, comments do not establish that the . 
benefits of the beneficiary's work would extend beyond such that they might 
have a national impact. /d. at 217, n.3. provides examples of employment where the benefits 
would not be national in scope: 
For instance, pro bono legal services as a whole serve the national interest, but the impact 
of an individual attorney working pro bono would be so attenuated at the national level as 
to be negligible. Similarly, while education is in the national interest, the impact of a 
single schoolteacher in one elementary school would not be in the national interest for 
purposes of waiving the job offer requirement of section 203(b )(2)(B) of the Act. As 
another example, while nutrition has obvious intrinsic value, the work of one cook in one 
restaurant could not he considered sufficiently in the national interest for purposes of this 
provision of the Act. 
/d. In the present matter, the benefits of the beneficiary's teaching and curriculum development 
duties would be primarily limited to students at and, therefore, so attenuated 
at the national level as to be negligible. fails to provide specific examples of how the 
beneficiary's work at as a teacher~ curriculum developer, or researcher in the 
fields of Sustainable Architecture, Urbanism, and Planning has influenced the field as a whole. 
Moreover, there is no evidence showing that the awards received by the beneficiary and her 
(b)(6)
Page 6 
students for various unbuilt structures demonstrate her influence on the field at a national level. 
Instead, the awards for unbuilt structures recognize her abilities as a designer and instructor. By 
statute, "exceptional ability" is not, by itself, sufficient cause for a 
national interest waiver. ld. at 
218. Thus, the benefit which the alien presents to her field of endeavor must greatly exceed the 
"achievements and significant contributions" contemplated for that classification. ld; see also id. 
at 222. For example, there is no documentary evidence showing that the beneficiary's 
project is under construction or that any standing structures for whicn me 
beneficiary was the lead designer have influenced the work of practicing architects in the field. 
states: 
[The beneficiary] is a LEED accredited professional who has worked as. an intern 
architect for more than 6 years. In addition to practice she has been serving as a 
professor of architecture at 
where she teaches students about the benefits of sustainable practices 
and implementation strategies for greening the built environment. 
As part of her teaching [the beneficiary] directs design studios where she uses the LEED 
(Leadership in Energy and Environmental Design) Green Building Certification 
program developed by the U.S. Green Building Council (USGBC), an internationally 
recognized system, as a teaching tool integrating LEED principles into class assignments 
thus allowing students to acquire the necessary knowledge and skills they will need in 
practice .... For students who will remain in the metro area to work it will 
be critical that they understand implementation of the LEED rating system. In addition 
to her studio work [the beneficiary] also introduced a unique independent study course 
titled "Sustainable Architecture and Urbanism" in the fall of 2010. To enhance the 
course curriculum she took full advantage of the educational resources offered by the 
USGBC such as podcasts and publications. Again LEED principles were integrated into 
the course teachings and students used a case study method to understand the concepts 
in practice. This experience allowed many students to pursue the LEED professional 
credentials. [The beneficiary] also advised many thesis projects which studied and 
incorporated LEED. 
[The beneficiary] is an emerging professional who has won the 
Her project offered laudable sustainable solutions to one of 
the first garden cities of the United States. The Greenbelt community unanimously 
reoognized the project for its merits, appropriateness, conservation of style and received 
applause in a post-competition community gathering which included both the general 
public and building professionals. 
* * * 
Building on her experience, in 2011 [the ·beneficiary] directed a team of architecture 
students from to compete in the competition. USGBC and the 
(b)(6)Page7 
Salvation Army hosted the competition which challenged student and professional teams 
to propose a concept for a sustainable and affordable home to be built in the Broadmoor 
neighborhood of New Orleans. With [the beneficiary's] leadership and guidance her 
students created an innovative design that met the budget and fit within the 
neighborhood vernacular. The project was exhibited at the 2010 
Greenbuild International Conference & Expo hosted by the USGBC. 
[Emphasis added.] 
describes the beneficiary as "an intern architect" and "an emerging 
professional" who has received three awards in the 
but there is no documentary evidence showing that the beneficiary's 
work has had a significant national impact or has otherwise influenced the field as a whole. The 
AAO cannot ignore statement that the beneficiary "has worked as ·an intern 
architect for more than 6 years." [Emphasis added.] According to the beneficiary's Form ETA-
750B, Statement of Qualifications' of Alien, she worked as an "Architect Intern" for both 
(July 2008 -June 2009) and 
(January 2006- July 2008) prior to her faculty appointments at the and 
While the record reflects that the beneficiary successfully completed an 
accredited degree in architecture and interned under the supervision of licensed architects, there 
is no documentary evidence demonstrating her subsequent licensure as an architect in the United 
States. Moreover, regardless of the beneficiary's LEED accreditation or years of work 
experience as an "intern" architect, special or unusual knowledge or training does not inherently 
meet the national interest threshold. The issue of whether similarly-trained workers are available 
in the U.S. is an issue under the jurisdiction of the Department of Labor. /d. at 221. With regard 
to the beneficiary's · project and her students' 
project, there is no evidence showing that the proposed projects were constructed or that her 
work has notably influenced the sustainable architecture field. 
states: 
[The beneficiary] was one of the first people I meet when I joined 
Iminediately she impressed me with her passion for architecture, urban 
design and sustainability. Her goals have always. been to expand her growth in the 
profession in the United States. She worked on a variety of projects while at 
and has proved herself to be a skilled and competent worker to any 
1 The National Council of Architectural Registration Boards states: "Architects are licensed professionals trained in 
the art and science of the design and construction of buildings and structures that primarily provide shelter. . . ·. 
Architects must be licensed before they can practice as an architect or call themselves an architect. There are three 
main steps in becoming an architect: education, internship, and examination. . 
. . All states, the District of 
Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands require individuals to be licensed (registered) before they 
may call themselves architects or contract to provide architectural services." See http://www.ncarb.org/Becoming-an­
Architect.aspx, accessed on December 26, 2012; copy incorporated into the record of proceeding. 
(b)(6)
Page 8 · 
task assigned to her. She has participated on project juries for college· students and 
currently has a teaching position at where she serves as adjunct 
faculty and student advisor. 
* * * 
She plans to take her Architectural Registration Exams as well as the American Institute 
of· Certified Planners Exam. By passing theses exams she will earn professional 
credentials recognized universally as a symbol of her commitment to the profession, 
communities and excellence in design. 
[The beneficiary] ... constantly pursues side projects and completions that explore 
design solutions that will assist poor, disadvantaged persons and neighborhoods that have 
had been destroyed by natural disasters. These efforts include designs competitions and 
student projects for Haiti and Japan. Her portfolio of work represents that she is_ always 
thinking of design, urbanism and sustainability nationally and globally. Her various work 
experiences abroad and in the United States are reflected in her designs. She has received 
awards, done lectures and written on various topics. I have no doubts that she will 
continue this pattern for the remainder of her career and she will make an impact on her 
future students and the profession. 
Re~ardin~ the beneficiary's work under the supervision of a licensed architect at 
fails to provide specific examples of how the beneficiary's projects for 
various clients have notably influenced the field as a whole. asserts that the 
beneficiary plans to take the exams necessary to practice as an architect and that the beneficiary 
''will make an impact on her future students and the profession." Speculation about the possible 
future impact of the beneficiary's work is conjecture, not evidence, and cannot establish 
eligibility for the national interest waiver as of the petition's September 8, 2011 filing date. 
Eligibility must be established at the time of filing the petition. 8 C.F.R. §§ 103.2(b)(1}, (12); 
Matter ofKatigbak, 14 I&N Dec. 45,49 (Reg'l Comm'r 1971). A petition cannot be approved at 
a future date after the petitioner becomes eligible under a new set of facts. Matter of Izummi; 22 
I&N Dec. 169, 175 (Comm'r 1998). That decision further provides, citing Matter of Bardouille, 
18 I&N Dec. 114 (BIA 1981), that USCIS cannot "consider facts that come into being only 
subsequent to the filing of a petition." /d. at 176. 
met the beneficiary during their graduate studies at the 
states: 
, states that she 
tfurther 
Following our time together at [the beneficiary] and I remained 
in close contact and it was after I was hired by architects 
that I recommended her for a position in their _ . It was her own 
professional experience that got her the job amongst several qualified candidates. While 
at she was an integral member of the urban design team working with 
(b)(6)
Page 9 
who remains a friend and colleague of hers and mine today. One of [the beneficiary's] · 
most significant recent achievements was leading a winning team in the 
Her team won with an entry that addressed housing 
solutions for New Orleans following Hurricane Katrina- the modular housing prototype 
was based on the vernacular language of "Shotgun" houses typical of the region, but it 
made use of re-cycled shipping containers as the base for the building. Considering the 
importance of global environmental issues and the Executive Orders issued by the Obama 
Administration regarding Energy and Sustainability, [the beneficiary's] work is of 
national importance and already encapsulates much of this forward thinking. She is 
contributing to the growing knowledge base in our young professionals by teaching and 
encouraging young people in the same manner. 
In addition, the Architecture profession has a need to diversify with more international 
and female leaders in this professional community. Female architects as well as 
professionals from different ethnicities remain to be a minority in the field of architecture 
and there needs to be a more equal balance in the field. To that end, [the beneficiary] is 
a major player as female architect and a forerunner in her field. She is a role model for 
the future generation of female architects especially with her presence at 
She adds value to her teaching by offering an international perspective to. the 
students and architecture community as a whole. Her prominence at a minority 
institution, like is supreme and she will continue to be asset there to 
the university community. 
states that she worked with the beneficiary at 
but she fails to provide specific examples of how the beneficiary's projects for the firm 
have notably influenced the field at large. also comments on the beneficiary's 
students' project winning the regional phase of the 
but there is no documentary evidence showing that 
they ultimately won the national competition or that their specific home design was utilized in 
the New Orleans Broadmoor neighborhood. Moreover, the petitioner has not shown that the 
beneficiary's student's project design has been utilized throughout the United States or 
has otherwise influence<t the sustainable architecture field as a whole. In addition, 
comments on the national importance of the beneficiary's sustainable architecture work. 
Assertions regarding the overall importance of the alien's area of expertise calmot suffice to 
establish eligibility for a national interest waiver. NYSDOT, 22 I&N Dec. at 220. As previously 
discussed, eligibility for the waiver must rest with the alien's own qualifications rather than with 
the position sought. USCIS does not accept the argument that a given project is so important that 
any alien qualified to work on this project must also qualify for a national interest waiver. /d. at 
218. also states that "the Architecture profession has a need to diversify with more 
international and female leaders." The fact that the beneficiary is female and happens to 
originate from a foreign country and, thus, can offer an "international perspective" or serve as a 
role model for prospective female architects is not evidence that she has made or will make an 
impact on the field of architecture other than to benefit her specific students, which, while having 
intrinsic merit, is not national in scope. If USC IS were to accept that the beneficiary's cultural 
experiences and gender warrant approval of the waiver, USCIS would need to approve the 
(b)(6)
Page 10 
waiver for every female alien with a degree in a profession that provides educational services to 
the public. The petitioner has not established that Congress intended the national interest waiver 
to serve as a blanket waiver for female professional educators. It is the position ofUSCIS to grant 
national interest waivers on a case-by-case basis, rather than to establish blanket waivers for entire 
fields of specialization. !d. at 217. 
states: 
fThe beneficiarvl orovided outstanding volunteer service to the 
She developed an innovative curriculum on urban design and 
sustainability for children in a summer-program at an 
underserved school located in _ . The curriculum of the 
program was meant to help the students learn about their neighborhood and living spaces. 
* * * 
[The beneficiary] was the team leader for the Canstruction project 
in 2007. Canstruction is a creative competition where teams of architects design and 
1 build large structures made entirely with canned goods. Canstruction benefits the 
profession. · 
and its distribution of food to emergency feeding programs in 
[The beneficiary's] volunteer contributions elevate the architecture 
[The beneficiary] has a strong academic background and has successfully earned her 
LEED certification, which is now a leadine ereen path in the architectural profession. 
Now as a faculty member of [the beneficiary's] teaching greatly 
benefits the students. It exposes them not only to distinctly architecture education, but 
gives them an internatjonal and sustainable edge. Her ability as a female architect and 
instructor in the current sustainable architecture movement helps to diversify the field to 
include an amalgam of ethnicities, and increases the number of female practitioners in the 
STEM (Science Technology, Education and Math) fields. 
[The beneficiary] is a great institutional asset for the U.S. education sector as schools 
seek to train the future leaders starting from children in K-12 to higher education at the 
University level. _ needs to set the example of 
diversity of the architecture profession. Many of [the beneficiary's] students participated 
m and one of her students actually received 
the first prize from Her students, 
encouraged by her, also participated in other events and competitions organized by 
Her presence certainly fosters and advances architecture education in 
and to the U.S. educational system holistically. 
discusses the beneficiary's work with students and service projects in 
but there is no documentary evidence to support claim that the beneficiary has advanced 
''the U.S. education system holistically." USCIS need not accept primarily conclusory assertions. 
(b)(6)
Page 11 
1756, Inc. v. The Attornev General ofthe United States, 745 F. Supp. 9, 15 (D.C. Dist. 1990). In 
the same manner as also comments on the beneficiary's "ability as a female 
architect and instructor in the current sustainable architecture movement" as helping to diversify 
the field. While gender diversity among architects and university instructors certainly has intrinsic 
merit, fails to provide specific examples of the national impact of the beneficiary's 
original work or specific instances where the beneficiary's projects that have otherwise 
influenced the field as a whole. As previously discussed, the petitioner has not established that 
Congress intended the national interest waiver to serve as a blanket waiver for all female 
architects or all female university instructors providing their services to the public. 
states: 
My current project at the is Intelligent Cities, a multi-faceted exploration of the 
intersection of information and communication technologies with urban design and 
planning. It is in the context of this project that I have had the opportunity to review [the 
beneficiary's] related research. Her research on how mobile communications are 
affecting urban design is in the forefront of current design research. Her design work, 
teaching, and research together demonstrate a serious commitment to the pressing issues 
facing our cities and buildings. 
As an educator, [the beneficiary] reaches two audiences, pre-professional university 
students and teens. There is a critical need for STEM teachers in U.S. schools, 
particularly in the inner city. [The beneficiary] is bringing her skills as an educator and, 
equally important, her background as an architect, to an underserved population. She has 
chosen to establish herself as an architect/educator in and be an active 
part, and a role model, in the reforming of secondary education. Her position at 
the prominent gives her a unique position to raise student 
expectations-for higher education. 
comments briefly on the beneficiary's research regarding how mobile 
communications affect urban design, but there is no documentary evidence indicating that the 
beneficiary's research findings are frequently cited by other scholars in their published work or 
that the beneficiary's research has otherwise notably influenced the field as a whole. 
also comments about the importance of having educators with the 
beneficiary's skills in underserved areas, but she does not provide specific examples of how the 
beneficiary's work has impacted the field at large at the time of filing. Assertions regarding the 
overall importance of the alien's area of expertise cannot suffice to establish eligibility for a 
national interest waiver. NYSDOT, 22 I&N Dec. at 220. As previously discussed, eligibility for 
the waiver must rest with the alien's own qualifications rather than with the position sought. 
USCIS does not accept the argument that a given project is so important that any alien qualified 
to work on this project must also qualify for a national interest waiver. !d. at 218. 
states: · 
(b)(6)Page 12 
I have known [the beneficiary] since her graduation from the 
through her work, through collaboration, and through frequent meetings. 
* * * 
Along with my team, [the beneficiary] worked on a research project with me-
- a sustainable initiative work at · . The research is 
an exploratory and suggestive project that examines the transformation of 
into a completely self-sustainable environment. It is a proposition for the long-term 
transformation of and [the beneficiary] worked on the aspect of water, its 
sources, uses and future. I found her contribution to be extremely insightful and helpful. 
comments on the beneficiary's ·work for his research project, but there is 
no evidence showing that their work is frequently cited by independent architectural scholars or 
has otherwise notably influenced the·field at large. 
states: 
[The beneficiary's] own work on sustainable architecture and urban desim includes 
conductine research for the firm of and at the 
where she 
worked on transit- and transportation-related urban design projects. She was part of 
another prestigious urban design firm, 
where she worked on large-scale urban projects in and 
She has also worked on the relationship between technology and cities; and 
was invited to present her research on cell phone networks and their impact on urban 
design at the world~renown 
She was part of the Intelligent City Forum at the 
Her research paper, 
Embodiment of Cellular Technology, Informal Sector & Transformation in Urban 
Spaces, was accepted and presented at an international conference in 
comments on the beneficiary's work on transit- and transportation-related urban design 
oroiects in and on large-scale urban projects in and 
but there is no documentary evidence showing that her work has significantly impacted 
me neta at large. Further, there is no evidence demonstrating that her research on cell phone 
networks and their impact on urban design is frequently cited by independent scholars or has 
otherwise notably influenced the field as a whole. 
states: 
I have worked in team with [the beneficiary] at in various 
projects in 2006/8. While working with her, I have found her exceptionally adept in 
design capabilities in coming up with unique design solutions. She is extremely 
(b)(6)
Page 13 
knowledgeable on sustainable techniques and came uo with uniaue solutions in rel!ards to 
transit oriented develooments. In oarticular to ' 
her design suggestions 
and moves were integrated to transit, that is and the built form where it 
accommodated public spaces. While the project itself targeted towards LEED Platinum 
certification, the development holistically worked as a catalyst to revive the , 
neighborhood. The project acted as an extension of the long-term and 
master plan project. [The beneficiary's] thoughts and suggests [sic] were 
unique and added much to the design team. ~ 
discusses the beneficiary's design capabilities and knowledge of sustainable 
techniques, but it ·cannot suffice to state that the alien possesses useful skills, or a "unique 
background." Regardless of the alien's particular experience or skills, even assuming they are 
unique, the benefit the alien's skills or background will provide to the United States must also 
considerably outweigh the inherent national interest in protecting U.S. workers through the labor 
certification process. !d. at 221. Moreover, the AAO notes that the beneficiary's role on the 
preceding projects was that of an "intern" architect. There is no documentary evidence showing 
that the beneficiary's specific work for had a significant national impact· or otherwise 
influenced the field as a whole. 
( 
On January 27, 2012, the director issued a request for evidence. The director instructed the 
petitioner to submit further evidence· to "establish that the beneficiary has a past record of 
specific -prior achievement with some degree of influence on the field as a whole." 
In response, the petitioner submitted additional information about the beneficiary's work, her 
professional portfolio, her design and architectural teaching material from 
and additional letters of support discussing the beneficiary's activities in the field and awards for 
unbuilt structures that she and her students have received. · 
states: 
[The beneficiary's] professional and teaching experience in the field and her emerging 
research in the context of the mega-city will enhance our program offerings in studying 
the built environment. In addition, her research in support of her teaching focus on one of 
the most significant issues shaping public life in today's built environment, that of 
technology and its effect on the city from the position of shifting urban form and density, · 
behavioral and socio-cultural changes and the merging of traditional boundaries in its 
interrelationship with technology and growth of the modem city. . This area of 
concentration positions the Department of Architecture in the forefront amongst 
architecture education programs in the United States. 
[The beneficiary's] early research initiatives and independent study includes the reviewed 
paper, "Cellular Urbanism in Megacities" where her research centers on the physical and 
social implications and resultant hyper mobility in cities of developing countries and 
megacities due to cell phone usage. Her continuing research and documenting these 
(b)(6)Page 14 
consecmences ::~s illnstr::~ten in her n::~oer, 
' are wide-ranging and are both essential and unique 
to the program at The implications of this and future research benefits our 
program and potentially the country as a whole. · 
* * . * 
[The beneficiary's] research into the cell phone and its implications in city develooment. 
for examole. has been featured. oublished and peer reviewed recently at the 
for their 
which has been recognized 
mainly. given the phenomenon in growing cities/mega cities of the world and the 
interrelationship and the effect oftechnology on urban areas as they respond to the effects 
of growth, population explosions and also the resultant cultural upheaval. 
comments on the beneficiary's cellular urbanism research stating that it can 
"potentially'' benefit the country as a whole, but there is no documentary evidence showing that 
the beneficiary's spedfic research findings have already been implemented in urban 
development programs throughout the United States or have otherwise influenced the field as a 
whole. As previously discussed, eligibility must be established at the time of filing the petition. 8 
C.F.R. §§ 103.2(b)(1), (12); Matter of Katigbak, 14 I&N Dec. at 49. A petition cannot be 
approved at a future date after the petitioner becomes eligible under a new set of facts. Matter of 
lzummi, 22 I&N Dec. at 175. While the beneficiary's research is no doubt of value, it can be 
argued that any research must be shown to be original and present some benefit if it is to receive 
funding and attention from the public or private sector. Any university research, in order to be 
accepted for graduation, publication, presentation, or funding, must offer new and useful 
information to the pool of knowledge. It does not follow that every architectural scholar who 
performs original research that adds to the general pool of knowledge inherently serves the 
national interest to an extent that justifies a waiver of the job offer requirement. Once again, 
there is rio evidence showing that the beneficiary's published or presented research has been 
frequently cited by independent scholars or has otherwise significantly impacted the field as a 
whole. 
states: 
[The beneficiary's] project on an received an 
award from our 
organizes this award competition and ceremony, followed by 3 day long seminars and 
exhibitions, every year. More than 100 highly skilled architecture professionals from 
around the country entered the competition, which featured challenging projects from 
(b)(6)
Page 15 
The purpose of this competition is to bring these extraordinary projects into the limelight 
·and share with other professionals for the intellectual and technical growth of the 
profession. These projects establish unique examples from different and individual arenas 
such as innovative forms, theoretical aspects, sustainabilitv. techno ogy issues, etc. [The 
beneficiary's] project was awarded and exhibited at which is one of the 
largest annual events organized by ~--- _ ~- : and includes professionals from construction, 
engineering, 
architecture, environmentalists, community leaders, planners, real-estate 
developers, material industries and other related fields. It is indeed a significant 
professional honor for [the beneficiary] to have her unique project selected and awarded 
from among this large congregation of highly skilled professionals. 
According to one of the jurors, 
[the beneficiary's] design was a 
bold, yet sensitive ensemble of cultUral and spiritual themes. The jury discussed the 
unfortunate norm of superficial compositions for complex cultural projects like this, and 
how her design was anything but conventional. The project's theme, an 
where there is strong opposition toward architecture including a recent 
ban on building minarets, responded well to a critical topic in this complicated setting 
and sets itseif as an example for similar future projects. . 
In support of letter, the petitioner submitted a certificate from the · 
competition recognizing the beneficiary's 
design concept with an "Honor Award." While the award certmcate ana 
comments from .may demonstrate the beneficiary's exceptional ability as a designer, 
there is no documentary evidence showing that the beneficiary's design is 
under construction, that her work has influenced the architecture of other or that 
her receipt of an award from the is consistent with a level of 
achievement demonstrating influence on the field as a whole. 
states: 
In celebration of the launch of the initial 2010 publication of 
a new platform for architects, people, ideas and projects, we hosted an 
ideas competition for an Triggered by the recent ban· on the 
construction of minarets in we searched for Innovative design proposals 
where can gather and practice their rel~gion in an open, Western context. 
* * * 
·Three teams were awarded out of many participants and [the beneficiary], together with 
her colleague _ _ was awarded the first prize based on their remarkable and 
unique manifestation of architecture. 
[The beneficiary] translated and manifested many theoretical, Islamic dogmas into 
physical form in an ·extremely intelligent way. The project, with its innovative green 
(b)(6)Page 16 
space creation, directed energy towards a network on landforms, rather than built objects. 
The project succeeded in creating inviting spaces, somehow representing a peace offering 
between disparate factions. In lacing the site with an encvclonedic collection of 
metaphors, we were particularly interested that the was somenow 
pious and secular at the same time. The park avoids an unnecessary discussion about 
architectural style and minarets by focusing on urban strategies, camouflaging the 
religious identity of the building with site and surrounding. One could imagine it very 
well as the next 'Place to be' in [The beneficiary's] inimitable design not only 
placed first in the competition, but it has also been shared and discussed at various 
conferences including its presentation at a symposium on 
Her project was published there as an issue on 
The above internet link is for the _ own website. not that of the 
1 Once again, while the beneficiary's 
design concept may demonstrate the beneficiary's exceptional ability, there is no 
documentary evidence showing that her specific desi,:m is under construction, that her original 
work has influenced the desi,:m of other or that winning the 
design competition is indicative 
of a significant advancement in the architectural field as a whole. 
states: 
I know of [the beneficiarvl and her important work based on my contacts with 
for the project. [The beneficiary] is a 
multifaceted and highly skilled architect, urban designer, and university-level educator 
who, through her work as an innovative architectural educator at 
enthusiastically accepted our proposal to engage architecture students in the 
mission. She-formulated and led her studio team with a group of third-year students to 
perform research work on finding vernacular materials and easily buildable structures for 
the new campus. A unique design project followed by extensive research allowed the 
students to produce superbly innovative structures in only 3-4 weeks with digital 
drawings and hand-made physical models that were both impressive and exceptional. 
I followed [the beneficiary's] group throughout the design phase of the project and 
attended their final review with 4 other external jurors comprised of professional 
architects. We were all greatly impressed by how [the beneficiary] was able to 
successfully channel her distinctive architectural vision, educational guidance, and work 
ethic. The projects included bamboo to sandbag structures, many of which also 
incorporate solar technology, and due to the high quality a number of students were 
actually selected from her studio to continue their research projects on-site in Haiti. 
(b)(6)
Page 17 
comments on the beneficiary's students' collaborative project with 
to design housing structures in but there is no documentary evtdence 
showing that the beneficiary's specific work for the project has notably influenced the field as a 
whole. 
a licensed and practicing architect with the firm of 
states: 
[The beneficiary] has been team teaching the Third Year Design Studio at 
with me and another Professor since Spring 
2010. 
· This course seeks to educate our students in the areas of design process, building 
typologies, sustainability, building technology, masterplanning, culturalism and site 
context. [The beneficiary] contributes greatly to the team with her extensive knowledge 
of sustainable design strategies, urban design, and the impact of design on diverse 
cultures. Her sensitivity to issues of urban living and urban density has provided. a 
perspective that our students have benefited greatly from, as they pursue a design career 
that is global and diverse. ~ 
[The beneficiary] has taught courses on the topics of South Asian Art+ Architecture and 
the development of the Mega City. These lectures, unique to her background, have 
provided not only a source of further study for her students, but also are milestones in her 
pursuit of research ofthese critical issues in developing countries. 
With regard to the courses taught by the beneficiary at 
comments do not establish that the benefits of the beneficiary's course instruction would extend 
beyond the beneficiary's classroom such that they might have a national impact. While 
like many higher education institutions in the 
United States, educates students from throughout the world, the beneficiary's teachings as a 
course instructor would be limited to her immediate students and, therefore, so attenuated at the 
national level as to be negligible. See NYSDOT, 22 I&N Dec. at 217, n.3. In this instance, there 
is no documentary evidence showing that specific instructional methodologies originated by the 
beneficiary have been adopted by other reputable universities or have otherwise influenced the 
field as a whole. · · 
also discusses awards received by the beneficiary and her students stating: 
[The beneficiary], as part of her continued research in the areas of mega cities, urban 
design and sustainable design, has submitted and been awarded for many design 
competitions, including a 1st Prize for the a 3rd 
Prize for the 3 ru Prize for the 
and 2"d Prize on a 
team for the Her experience and 
(b)(6)
Page 18 
conceptual design capabilities are an asset to her design students. She has advised and 
le<J teams of students at in a number of design competitions where 
they have been successful in their ability to express ideas of sustainability, urban design, 
and building design, including 
[The beneficiaryj has great talent in visioning, communication and 
execution for design competitions that have resulted in the achievement of design 
excellence. 
In her second letter dated February 28, 2012, 
beneficiary's awards stating: 
also comments on the 
[The beneficiary] has an extensive track record of winning design competition~. To 
those outside of the design professions, the significance of this may not be apparent. 
Design innovation- the kind of exploration, probing, and testing that eventually impacts 
the buildings we live and work in- is the goal of such competitions. [The beneficiary's] 
desi~m for an won first prize from the 
ana also won mgn acclaim in the U.S. from the American Institute of 
Architects. Her award winning design directly confronted real issues of representation, 
and the role that design professionals can - and must - play in 
engendering constructive community engagement. · 
In addition, three times she has been recognized by the 
the leading voice in the country for sustainable building, for her design 
competition entries. 
Regarding the awards received by the beneficiary and her students, the AAO notes that 
recognition for achievement relates to the regulatory categories of evidence for classification as 
an alien of exceptional ability, a classification that normally requires an alien employment 
certification. 8 C.F.R. § 204.5(k)(3)(ii). The AAO cannot conclude that meeting one, two, or 
even the requisite three criteria for classification as an alien of exceptional ability warrants a 
waiver of the employment certification requirement in the national interest. As previously 
discussed, by statute, "exceptional ability" is not, by itself, sufficient cause for a national interest 
waiver. !d. at 218. Regardless, there is no evidence showing that the beneficiary's unbuilt 
design awards are indicative of significant architectural advancements in her field or a level of 
achievement consistent with influencing the field as a whole. 
In her second letter dated February 23, 2012, states: 
USGBC hosts the annual Natural Talent Design, Competition (NDC) to engage young 
professionals in the conversation of sustainability. The competition begins at a regional 
level across the country with the champions from each region selected to display their 
work at USGBC's annual green building conference and expo Greenbuild, North 
America's 
largest event of its kind. The conference offers a forum where the competition 
ideas can be seen, shared, studied, and replicated at symposiums and other venues 
throughout the country and world. 
(b)(6)Page 19 
[The beneficiary] 
capacity 
as a professor with : 
architecture students from the 
* * * 
she led and advised a team from 
that was selected as champions amon~st all the 
for the 
The. subject of this competition was "Small-Green­
Affordable" and, in partnership with the Salvation Army's Envi-Renew· Initiative, 
focused on the residential rebuilding effort in New Orleans following Hurricane Katrina. 
Competitors were divided into students and emerging professional's categories to design 
homes .... Houses were designed for elderly families in the Broadmoor neighborhood 
ofNew Orleans. 
There were 206 entries from a .large amount of nationwide applicants. The design 
finalists' work was exhibited at Greenbuild 2010 and for the first time in the 
competition's history, the designers saw their projects constructed in the Broadmoor 
neighborhood. Once the homes were built, they entered a measurement and verification 
phase and the design team whose home performed the best was awarded the final grand 
prize in 2011. 
While the beneficiary's students' project was selected in the , 
there is no documentary evidence showing that their home design was a national finalist or that it 
performed the best and was awarded ·the final grand prize in 2011.3 Moreover, there is no 
evidence showing that that their specific home design was actually constructed in the Broadmoor 
neighborhood or otherwise constitutes a significant advancement in architecture consistent with 
influencing the field as a 
whole. 
The director denied the petition finding that the petitioner failed to establish that a waiver of the 
requirement of an approved labor certification would be in the national interest of .the United 
States. " · 
On appeal, the petitioner submits a May 19, 2012 letter from 
states: 
a Professor in the 
with the 
3 The two national student finalists in the USGBC 2010 Natural Talent Design Competition were E.A.S.Y. House 
· and Greenboy Design. The "National finalists" announcement for the competition states: ''USGBC announces the 
four national finalists in the 2010 Natural Talent Design Competition. These four winning designs will be 
constructed in the Broadmoor neighborhood of New Orleans by the Salvation Army's EnviRenew. The Emerging 
Professional finalists are Little Easy and Ramped Up. The Student fmalists are E.A.S.Y. House and Greenboy 
Design." See http://openarchitecturenetwork.org/competitions/naturaltalent/2010, accessed on December 28, 2012, 
copy incorporated into the record of proceeding. 
(b)(6)
Page 20 
[The beneficiary] was involved in the transit development for She was 
the sole urban designer along; with her supervisor in the planning team in making a 
holistic future plans [sic] of the that includes-transit routes, 
design and placement of platforms in consideration to American disability acts and 
construction details of the whole svstem. This being a massive undertaking in the city, it 
is partly completed on the and still under construction on other areas. She 
is the sole designer of which is to replace the current 
in coming years. . . . She was the most expertly trained urban designer in the team 
working for the scheme for and attended numerous meetings 
with and Department of 
Transportation (DOT). 
discusses the beneficiary's transit development work in as an 
"intern" architect, but there is no 'documentary evidence showing that her specific work for the 
city has significantly impacted the field as a whole. 
continues: 
As I have seen [the beneficiary's] presence at 
department has been.instrumental in making the program an [sic] professional accredited 
program last month. The school passed most of the unresolved p_oints from previous years 
by National Accreditation Architecture Board (NAAB). This allowed the graduating class 
to be entitled with a professional degree of Bachelorette in Architecture vs. Bachelorette 
in Science degree (B.Sc.) which is not recognized as professional degree program. Her 
core course, mandatory for 3rd year students is a technical studio class which satisfied the 
pending points in International Building Code (Life Safety, American Disability Act 
etc.), structural systems, environmental Systems, collaborative and community works, 
non-western studies. These essential points and course work were introduced and created 
by [the beneficiary] and henceforth enabled to regain its professional 
architecture degree program. The professional accreditation had been conditional for last 
6 years and' was about to be rebuked in failure of skilled faculty in the fielq. 
According to architecture degree program received its 
professional accreditation in Spring 2012. The AAO notes, however, that the program's 
professional accreditation post-dates the filing of the petition. As previously discussed, 
eligibility must be established at the time of filing. 8 C.F.R. §§ 103.2(b)(1), (12); Matter of 
Katigbak, 14 I&N Dec. at 49. A petition cannot be approved at a future date after the petitioner 
becomes eligible under a new set of facts. Matter of Izummi, 22 l&N Dec. at 175. Regardless, 
the petitioner has failed to demonstrate that the beneficiary's work for 
architecture degree program is indicative of her influence on the field as a whole. 
further states: 
With request of students, [the beneficiary] also introduced an independent study 
course on Sustainable Architecture and Urbanism, which included Leadership in Energy 
(b)(6)
Page 21 
Efficient Design (LEED) studies and in the end these recent graduate students landed 
with jobs as LEED coordinates prominent firms including Clark Construction, one of the 
largest in the nation. That credit solely goes to [the beneficiary] as procurement of job 
and henceforth adding much to national economy. . . . [The beneficiary's] unique and 
rare skills in both architecture and urban design with a blend of sustainable practice and 
non-western is more than enough makes [sic] are [sic] her unique and present her with 
exceptional value in the field. 
comments on . the beneficiary's "unique and rare skills" in both architecture and 
urban design. However, as previously discussed, it cannot 
suffice to state that the alien possesses 
useful skills, or a ''unique background." Regardless of the alien's particular experience or skills, 
even assuming they are unique, the benefit the alien's skills or background will provide to the 
United States must also considerably outweigh the inherent national interest in protecting U.S. 
workers through the labor certification process. NYSDOT, 22 I&N Dec. at 221 .. 
On appeal, counsel repeats the information provided by many of the beneficiary's references. 
This information has already been addressed by the AAO in its preceding discussion of the 
letters of support. The opinions of experts in the field are not without weight and have been 
considered above. USCIS may, in its discretion, use as advisory opinions statements submitted 
as expert testimony. See Matter of Caron International, 19 I&N Dec. 791, 795 (Comm'r. 1988). 
USCIS is ultimately responsible for making the final determination regarding an .alien's 
eligibility for the benefit sought. Id. The submission of letters from experts supporting the 
petition is not presumptive evidence of eligibility; USCIS may evaluate the content of those 
letters as to whether they support the alien's eligibility. See id. at 795-796; see also Matter of V­
K-, 24 I&N Dec. 500, n.2 (BIA 2008) (noting that expert opinion testimony does not purport to 
be evidence as to "fact"). Thus, the content of the experts' statements and how they became aware 
of the beneficiary's reputation are important considerations. Even when written .by independent 
experts, letters solicited by an alien in support of an immigration petition are of less weight than 
preexisting, independent evidence that one would expect of an assistant professor of architecture 
who has influenced the field of architecture as a whole. 
Counsel asserts that the director's decision ignored the beneficiary's service on the 
There is no documentary evidence showing that the . 
beneficiary's service on these juries has influenced the field as a whole.· While the beneficiary's 
participation demonstrates her expertise in· the field, by statute, "exceptional ability'' is not by 
itself sufficient cause for a national interest waiver. NYSDOT, 22 I&N Dec. at 218. 
Although the beneficiary has worked as an intern · architect and assistant professor, the petitioner 
has not established that her past record of achievement is at a level that would justify a waiver of 
the job offer requirement which, by law, normally attaches to the visa classification sought by 
the petitioner. The AAO notes that the petitioner need not demonstrate the beneficiary's 
(b)(6)
Page 22 
notoriety on the scale of national acclaim, but the national interest waiver contemplates that her 
influence be national in scope. ld. at 217 n.3. More specifically, the petitioner "must clearly 
present a significant benefit to the field of endeavor." !d. at 218. See also id. at 219 n.6 (the 
alien must have "a past history of demonstrable achievement with some degree of influence on 
the field as a 
whole.") · 
As is clear from a plain reading of the statute, it was not the intent of Congress that every alien of 
exceptional ability should be exempt from the requirement of a job offer based on national 
interest. 
Likewise, it does not appear to have been the intent of Congress to grant national 
interest waivers on the basis of the overall importance of a given occupation, rather than on the 
merits of the individual. alien. On the basis of the evidence submitted, the petitioner has not 
established that a waiver of the requirement of an approved alien employment certification will 
be in the national interest of the United States. 
The burden ofproofiri these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. § 1361. The petitioner has not sustained that burden. 
ORDER: The appeal is dismissed.