dismissed EB-2 NIW Case: Carpet Weaving

U.S. Citizenship 
and Immigration 
Services 
In Re: 8234 7 49 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : SEP. 15, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a carpet weaver, seeks second preference immigrant classification as an individual of 
exceptional ability, 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). 
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not 
establish that he is an individual of exceptional ability. The Director also 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. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S .C. § 1361. Upon de nova 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. 
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. ... 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. 
For the purpose of determining eligibility under section 203(b )(2)(A) of the Act, "exceptional ability" 
is defined as "a degree of expertise significantly above that ordinarily encountered in the sciences, 
arts, or business." 8 C.F.R. § 204.5(k)(2). The regulations farther provide six criteria, at least three 
of which must be satisfied, for an individual to establish exceptional ability: 
(A) An official academic record showing that the alien has a degree, diploma, 
certificate, or similar award from a college, university, school, or other 
institution of learning relating to the area of exceptional ability; 
(B) Evidence in the form ofletter(s) from current or former employer(s) showing 
that the alien has at least ten years of foll-time experience in the occupation for 
which he or she is being sought; 
(C) A license to practice the profession or certification for a particular profession 
or occupation; 
(D) Evidence that the alien has commanded a salary, or other renumeration [sic] for 
services, which demonstrates exceptional ability; 
(E) Evidence of membership in professional associations; or 
(F) Evidence of recognition for achievements and significant contributions to the 
industry or field by peers, governmental entities, or professional or business 
organizations. 
8 C.F.R. § 204.5(k)(3)(ii). 
In determining whether an individual has exceptional ability under section 203(b )(2)(A) of the Act, 
the possession of a degree, diploma, certificate, or similar award from a college, university, school or 
other institution of learning or a license to practice or certification for a particular profession or 
occupation shall not by itself be considered sufficient evidence of such exceptional ability. Section 
203(b)(2)(C) of the Act. 
2 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010) 
( discussing a two-part review where the documentation is first counted and then, if fulfilling the 
required number of criteria, considered in the context of a final merits determination); see also 
Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). This two-step analysis is consistent with our holding that the "truth is to be 
determined not by the quantity of evidence alone but by its quality," as well as the principle that we 
examine "each piece of evidence for relevance, probative value, and credibility, both individually and 
within the context of the totality of the evidence, to determine whether the fact to be proven is probably 
true." Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
II. ANALYSIS 
The Director found that the Petitioner did not establish he is an individual of exceptional ability. The 
Petitioner does not assert that he qualifies for second-preference employment as a member of the 
professions holding an advanced degree. If the Petitioner does not establish eligibility as an individual 
of exceptional ability, we need not determine whether a waiver of the job offer requirement, and thus 
of a labor certification, would be in the national interest. See section 203(b )(2) of the Act. For the 
reasons discussed below, the Petitioner is ineligible for the requested benefit. 
As documentation of your exceptional ability and work as a carpet weaver, the Petitioner submitted 
I I a book which the Petitioner claims to have written, and which 
was purportedly published in 2012. 1 However, farther research calls into question the Petitioner's 
claimed authorship of this book. 2 
The document the Petitioner submitted contains language that is identical to that found in several other 
sources. For example, the passage beginning on page 2 with the language'....,_~~--------' 
I t' matches the language published b~ I. 3 The passage beginning on page 
7 with the language 1 I ... " is 
identical to language ublished by I I about a 4.1' x 5.4' I rug 
reviousl for sale i Vir inia.4 Next the a e 10 with the language 
.__--------.--------------------r---..------,.......' matches language 
published by th about or car et weavin . 5 
Next, the passage beginning on page 12 with the language'----~------------' 
1 The publication page for this book lists its publication date as "November 2012." 
2 We sent the Petitioner a notice of intent to dismiss (NOID), discussing the issues described below, and included a 
photocopy of the sources we discussed. The only response we received was a one-page letter from the Petitioner's attorney, 
requesting to withdraw her appearance as attorney of record, and stating that she "was not aware or advised prior to the 
filing of the disinoenuine sic documents with the USCTS." 
,....
3
"'""-"-"'-'-------.----~--------~ available at https:~-----------~ 
L_ _ _,...------i,.Jlast visited Sep. 15, 2021,....._ _____________________ ___, 
4 
See T Lot 25, available at https:.~-----------------------' r--~-----,.,_a_Jst visited Se . 15, 2021 . 
,....5_S=e=e....__ ______________ ~------------' available at http~----~ 
~---------------~ (last visited Sep. 15, 2021). 
3 
-----------..--~-~I' is identical to language published b~ _______ _.labout 
~--------~'6 
The passage beginning on page 15 with the lan~uage 
I j match._e_s -la_n_g_u-ag-e-pu_b_l_is-h-ed_b_y"'I =====.-:::'1 7 
The passage beginning on page 16 with the language "I I 
' is identical to language published by several websites, including 
'F=I ======rl-;-:--8 _T_h_e_p-as_s_a_g_e_b_e_g~inning on page 16 with the language 
~-----------~ I I" matches language published by 
I I aboutl lcarpet weaving. 9 The passage beginning on page 28 with the 
language" 
0 The passage beginning on 
1-----------,,.__ _____ ---r------,_ ____ _J ." matches language from 
a book written b and published in 1997. 11 
'------------' .,._ ____ ___, 
Based on the above, it appears that the Petitioner falsely claimed the work of other individuals as his own 
and submitted it as evidence of his exceptional ability and of his position to advance the proposed 
endeavor. 12 
U.S. Citizenship and Immigration Services (USCIS) will deny a visa petition if the petitioner submits 
evidence which contains false information. Further, misrepresentation of a material fact may lead to 
multiple consequences in immigration proceedings. Any alien who, by fraud or willfully 
misrepresenting a material fact, seeks to procure ( or has sought to procure or has procured) a visa, other 
documentation, or admission into the United States or other benefit provided under this Act is 
inadmissible. Section 212(a)(6)(C)(i) of the Act, 8 U.S.C. § 1182(a)(6)(C)(i). 
Under Board oflmmigration Appeals precedent, a material misrepresentation is one which "tends to shut 
off a line of inquiry which is relevant to the alien's eligibility and which might well have resulted in a 
proper determination that he be excluded."13 A willful misrepresentation requires that the individual 
knowingly make a material misstatement to a government official for the purpose of obtaining an 
,....6 -'S;;;..;e;..;;.e_.__ _____ --.-___,~---------~ available at https:,,.__ _________ _. 
last visited Se . 15, 2021 . 
7 
See,..........---------------------------..-----------1 available at 
https: last visited Se . 15 2021 . 
8 See available at https: ,.__ _________ _. 
last visited Se . 15, 2021 . 
9,.... -'S;;;..;e~e-"------------.---------' available at https: ,.__ ___________ __. 
':'::""----..========~===!..:..:.clac:..st;_v;_:;i::..:si.:.:te..:;...,d Sep. 15, 2021). 
10 Se:;-L----------------' available at https:/ ,___ ______________ ___, 
0 (last visited Seo. 15, 2021 ). 
11 See[ ~ 0 1(1997). 
12 We also note that the photograph on page 8 of the non-English-language version of the book, omitted from the 
1
nglish- I 
language version of the book, iF identical to the qhotograph in 1_ he non-English-language version of the article titled 
I I' published byt._ ______ ___,Jin July 2016, identified as exhibit C-1 in the response to the Director's 
request for evidence (RFE). The presence of an identical photograph in multiple documents submitted at the same time 
but ostensibly written by different authors, years apart, raises questions regarding the authenticity of the documents. 
13 Matter of S- and B-C-, 9 I&N Dec. 436, 447 (BIA 1961 ). 
4 
immigration benefit to which one is not entitled. 14 Material misrepresentation requires only a false 
statement that is material and willfully made. 15 The term "willfully" means knowing and intentionally, 
as distinguished from accidentally, inadvertently, or in an honest belief that the facts are otherwise. 16 
The "Penalties" section at page 9 of the "Instructions for Petition for Alien Worker" corresponding to 
the instant petition includes this warning: 
If you knowingly and willfully falsify or conceal a material fact or submit a false 
document with your Form I-140, we will deny your Form I-140 and may deny any 
other immigration benefit. In addition, you will face severe penalties provided by law 
and may be subject to criminal prosecution. 
Further, the "USCIS Compliance Review and Monitoring" section on the same page of the instructions 
states, in part: 
By signing this form, you have stated under penalty of perjury (28 U.S.C. 1746) that 
all information and documentation submitted with this form are complete, true, and 
correct. You also authorize the release of any information from your records that 
USCIS may need to determine eligibility for the benefit you are seeking and consent to 
USCIS verifying such information. 
The regulation at 8 C.F.R. § 204.5(k)(3)(ii) calls for evidence "that the alien is an alien of exceptional 
ability in the sciences, arts, or business." In addition, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 
2016) provides a framework for adjudicating national interest waiver petitions. One of the 
requirements set forth in the Dhanasar precedent decision is that the foreign national is well positioned 
to advance the proposed endeavor. Id. at 889. As evidence of the Petitioner's exceptional ability in 
the arts and that he is well positioned to advance the proposed endeavor, the Petitioner submitted 
I I Both the "Table of Contents" accompanying the RFE response 
and the cover sheet for the exhibit listed the book as "[ e ]vidence of the alien's authorship of scholarly 
articles in the field, in professional or major trade publications or other major media." Therefore, the 
Petitioner's claimed authorship of this book is material to whether he is eligibile under section 203(b )(2) 
of the Act. Based on the information referenced above, it appears that the Petitioner misrepresented 
material facts regarding his authorship of the aforementioned book. 
Furthermore, these misrepresentations raise questions regarding ongm and authenticity of the 
remaining documentation that the Petitioner have submitted in support of the petition. Doubt cast on any 
aspect of a petitioner's proof may undermine the reliability and sufficiency of the remaining evidence 
offered in support of the visa petition. Matter of Ho, 19 I&N Dec. 582, 591 (BIA 1988). 
Based on the foregoing, because the Petitioner by fraud or willfully misrepresenting a material fact, seeks 
to procure ( or has sought to procure or has procured) a national interest waiver of the job offer 
requirement attached to this EB-2 classification, as provided by section 203(b )(2) of the Act, 8 U.S.C. 
14 Sergueeva v. Holder, 324 Fed. Appx. 76 (2d Cir. 2009) ( citing Matter of Kai Hing Hui, 15 T&N Dec. 288, 289-90 (BIA 
1975). 
15 See 9 FAM 40.63 N2; see also Matter of Tijam, 22 l&N Dec. 408, 424 (BIA 1998) (en bane) (Rosenberg, concurring). 
16 See Matter of Healy and Goodchild, 17 l&N Dec. 22, 28 (BIA 1979). 
5 
§ l 153(b )(2), the Petitioner is ineligible for the requested classification and, furthermore, is inadmissible. 
Section 212(a)(6)(C)(i) of the Act, 8 U.S.C. § 1182(a)(6)(C)(i). 
III. CONCLUSION 
The Petitioner is ineligible for the requested classification by seeking to procure a benefit provided by 
the Act by fraud or willful misrepresentation of a material fact. 
ORDER: The appeal is dismissed. 
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