dismissed EB-2 NIW Case: Business

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: MAR. 07, 2024 In Re: 30371666 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an entrepreneur and a chief executive officer (CEO), seeks second preference 
immigrant classification (EB-2) 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 immigrant classification. 
See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not 
establish his qualification for the EB-2 classification as a member of the professions holding an 
advanced degree. The Director further concluded that the Petitioner did not establish that a waiver of 
the required job offer, and thus of the labor certification, would be in the national interest. The matter 
is now before us on appeal. 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe , 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc. , 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
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. Section 203(b )(2)(B)(i) of the Act. 
The regulation at 8 C.F.R. § 204.5(k)(2) contains the following relevant definitions: 
Advanced degree means any United States academic or professional degree or a foreign 
equivalent degree above that of baccalaureate. A United States baccalaureate degree 
or a foreign equivalent degree followed by at least five years of progressive experience 
in the specialty shall be considered the equivalent of a master 's degree. 
Exceptional ability in the sciences, arts, or business means a degree of expertise 
significantly above that ordinarily encountered in the sciences, arts, or business. 
In order to qualify as an individual of exceptional ability in the sciences, the arts, or business, a 
petitioner must initially submit documentation that satisfies at least three of six categories of evidence. 
8 C.F.R. § 204.5(k)(3)(ii)(A)-(F). Meeting at least three criteria, however, does not, in and of itself: 
establish eligibility for this classification. If a petitioner satisfies these initial requirements, we then 
consider the entire record to determine whether the individual has a degree of expertise significantly 
above that ordinarily encountered. See Kazarian v. USCIS, 596 F.3d 1115, 1121-22 (9th Cir. 
2010) (discussing a two-part review where the evidence is first counted and then, if it satisfies the 
required number of criteria, considered in the context of a final merits determination); see generally 6 
USCIS Policy Manual F.5(B)(2), https://www.uscis.gov/policy-manual. 
The Director concluded that the Petitioner did not establish his qualification for the underlying EB-2 
classification as a member of the professions holding an advanced degree. Although the Petitioner 
claimed that the combination of his high school diploma and 30 years of work experience in the field 
equals a bachelor's degree in business administration, the Director stated that "in order to have a 
bachelor's degree under INA § 203(b )(2), the beneficiary must have a single degree that is a foreign 
equivalent degree to a U.S. baccalaureate degree or a U.S. baccalaureate degree." 
On appeal, the Petitioner claims that the academic credential evaluation on record "takes into account 
the professional experience of the candidate by analyzing formal education, training programs, and 
work experience" and "clearly shows that the petitioner has the equivalent of a US degree of Bachelor 
in Business Administration." We reviewed the evaluation from the GEO Credential Services that 
states: "[c]onsidering that a High School diploma followed by more than five years of full-time work 
experience in the field of Business Administration is equivalent to a U.S. Bachelor of Business 
Administration, it is my expert opinion that [the Petitioner] with a High school Diploma and 30 years 
of experience, has the equivalent of the U.S. degree of Bachelor of Business Administration." 
However, this evaluation is not in accord with the relevant regulation. The regulation at 8 C.F.R. 
§ 204.5(k)(2) refers to "degree" in the singular, indicating that an advanced degree equivalency 
requires a degree that is either a single U.S. bachelor's degree or a single foreign equivalent of a U.S. 
bachelor's degree, without combining educational credentials or combining education with 
experience. As the plain language of the regulation demonstrates that an advanced degree equivalency 
requires a single degree, rather than a combination of experiences or lesser education credentials, we 
will not grant any evidentiary weight to the evaluation presented on record. Matter of Caron Int 'I, 
Inc., 19 I&N Dec. 791, 795 (stating that we may give less weight to or decline to accept an expert 
opinion that is not in accord with other information or is in any way questionable). 
Without evidence demonstrating his high school diploma alone is the foreign equivalent degree to 
either a U.S. baccalaureate degree or a U.S. advanced degree, the Petitioner has not established that 
he qualifies as a member of the professions holding an advanced degree. 1 
The Petitioner further asserts that "[ w ]hile a bachelor's degree can provide valuable skills and 
knowledge, it is not a strict requirement for entrepreneurship" and "[ m ]any successful entrepreneurs 
have achieved their goals without holding a bachelor's degree." However, the Petitioner has not cited 
to any regulations or policies demonstrating that entrepreneurs are specifically exempt from the 
1 The Petitioner included two college transcripts but indicated that he did not obtain degrees from these institutions and 
did not provide any evidence of diplomas. 
2 
requirements in 8 C.F.R. § 204.5(k)(2) of possessing a single foreign degree equivalent to a U.S. 
baccalaureate degree. 
In addition, the Petitioner claims USCIS "recognized" that he "satisfied at least three of the six 
regulatory criteria at 8 C.F.R. § 204.5(k)(3)(ii) and has achieved the level of expertise required for 
exceptional ability classification." However, there is no such indication in the record. The Petitioner 
sought to qualify for the EB-2 classification only as an advanced degree professional, not as an 
individual of exceptional ability, and did not submit any relevant evidence with the initial filing or in 
response to the Director's request for evidence (RFE) to qualify himself as an individual of exceptional 
ability. On appeal, the Petitioner does not submit any documentary evidence establishing that he 
satisfied at least of the six criteria at 8 C.F.R. § 204.5(k)(3)(ii) and that the evidence in its totality 
shows that he is recognized as having a degree of expertise significantly above that ordinarily 
encountered in the field. Therefore, the Petitioner has not established that he is an individual of 
exceptional ability. 
Based on the foregoing, the Petitioner has not established that he qualifies for the second-preference 
classification either as a member of the professions holding an advanced degree or, in the alternative, 
as an individual of exceptional ability. Therefore, we conclude that the Petitioner has not established 
eligibility for the immigration benefit sought and reserve our opinion regarding whether the record 
satisfies the criteria set forth in the precedent decision, Matter ofDhanasar, 26 I&N Dec. 884 (AAO 
2016). See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (noting that "courts and agencies are not 
required to make findings on issues the decision of which is unnecessary to the results they reach"); 
see also Matter ofL-A-C-, 26 I&N Dec. 516, 526 n. 7 (BIA 2015) ( declining to reach alternative issues 
on appeal where an applicant is otherwise ineligible). 
ORDER: The appeal is dismissed. 
3