dismissed EB-2 NIW Case: Computer Engineering

MATTER OF A-A-A-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 22, 2018 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a computer engineer, seeks second preference immigrant classification as a member 
of the professions holding an advanced degree, as well as a national interest waiver of the job offer 
requirement attached to this EB-2 classification. See Immigration and Nationality Act (the Act) 
section 203(b)(2), 8 U.S.C. § 1153(b)(2). After a petitioner has established eligibility for EB-2 
classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, 
grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national's proposed 
endeavor has both substantial merit and national importance; (2) that the foreign national is well 
positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the 
United States to waive the requirements of a job offer and thus of a labor certification. Matter of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). 
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, finding that the Petitioner qualified for classification as a member of the professions 
holding an advanced degree, but that he had not established that a waiver of the required job offer, 
and thus of the labor certification, would be in the national interest. 
On appeal, the Petitioner contends that he is eligible for a national interest waiver under the 
Dhanasar framework. 
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: 
Matter of A-A-A-
(2) Aliens who are members of the professions holding advanced degrees or aliens of 
exceptional ability. -
(A) In general. - Visas shall be made available ... to qualified immigrants who 
are members of the professions holding advanced degrees or their equivalent 
or who because of their exceptional ability in the sciences, arts, or business, 
will substantially benefit prospectively the national economy, cultural or 
educational interests, or welfare of the United States, and whose services in 
the sciences, arts, professions, or business are sought by an employer in the 
United States. 
(B) Waiver of job offer-
(i) National interest waiver. . [T]he Attorney General may, when the 
Attorney General deems it to be in the national interest, waive the 
requirements of subparagraph (A) that an alien's services in the sciences, arts, 
professions, or business be sought by an employer in the United States. 
While neither the statute nor the pertinent regulations define the term "national interest," we set forth 
a framework for adjudicating national interest waiver petitions in the precedent decision Matter of 
Dhanasar, 26 l&N Dec. 884.1 Dhanasar states that after EB-2 eligibility has been established, 
USCIS may, as a matter of discretion, grant a national interest waiver when the below prongs are 
met. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
foreign national proposes to undertake. The endeavor's merit may be demonstrated in a range of 
areas such as business, entrepreneurialism, science, technology, culture, health, or education. In 
determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. 
The second prong shifts the focus from the proposed endeavor to the foreign national. To determine 
whether he or she is well positioned to advance the proposed endeavor, we consider factors 
including, but not limited to: the individual's education, skills, knowledge and record of success in 
related or similar efforts; a model or plan for future activities; any progress towards achieving the 
proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities 
or individuals. 
The third prong requires the petitioner to demonstrate that, on balance, it would be beneficial to the 
United States to waive the requirements of a job offer and thus of a labor certification. In 
performing this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSD01). 
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Matter of A-A-A-
foreign national's qualifications or the proposed endeavor, it would be impractical either for the 
foreign national to secure a job offer or for the petitioner to obtain a labor certification; whether, 
even assuming that other qualified U.S. workers are available, the United States would still benefit 
from the foreign national' s contributions; and whether the national interest in the foreign national' s 
contributions is sufficiently urgent to warrant forgoing the labor certification process. In each case, 
the factor(s) considered must, taken together, indicate that on balance, it would be beneficial to the 
United States to waive the requirements of a job offer and thus of a labor certification.2 
II. ANALYSIS 
The Director found that the Petitoner qualifies as a member of the professions holding an advanced 
degree. 3 The sole issue to be determined is whether the Petitioner has established that a waiver of the 
requirement of a job offer, and thus a labor certification, would be in the national interest. For the 
reasons discussed below, we find that the Petitioner has not sufficiently identified or provided 
consistent information and evidence regarding his proposed endeavor, nor demonstrated its national 
importance. 
In part 6 of the Form 1-140, under "Basic Information About the Proposed Employment," the 
Petitioner identified his "Job Title" as "Computer Engineer" and indicated that he will "[ d]evelop, 
create, and modify general computer application software for specialized utility programs" as well as 
"[a]nalyze user needs and develop software." Furthermore, in a letter accompanying his Form 1-140, 
the Petitioner asserted that he "is a valuable researcher in the field of cyber technology, who would 
be an asset to the United States."4 
The Director issued a request for evidence (RFE) advising the Petitioner of the Dhanasar 
framework. The RFE in part asked the Petitioner to provide "a detailed description of the proposed 
endeavor and why it is of national importance," including supporting evidence demonstrating "the 
endeavor's potential prospective impact." 
In response to the Director's RFE, the Petitioner contended that he "seeks to continue to research 
and work on cyber security." He pointed to the growing number of data breaches since 2005 and 
references his unpublished paper, entitled 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs . 
3 The Petitioner presented an academic credentials evaluation indicating that his degree from (1995) is 
the foreign equivalent of "a Master of Science degree in Electrical Engineering from an accredited university in the United 
States." See 8 C.F.R. § 204.5(k)(3)(i)(A). In addition, the Petitioner received a Master of Business Administration degree 
from in 2012. 
4 The Petitioner submitted ET A Form 9089, Application for Permanent Employment Certification, listing his work 
experience since May I 995. This form does not identify any jobs for the Petitioner after March 2009. In addition, the 
record includes his Form G-325A , Biographic Information , indicating that he has been " unemployed" since July 2011. 
As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for him to have a job offer from 
a specific employer. However, USCIS will consider information about his current and prospective positions to illustrate 
the capacity in which he intends to work in order to determine whether his proposed endeavor meets the requirements of 
the first prong of the Dhanasar framework. 
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Matter of A-A-A-
that identifies six approaches utilized by cybercriminals. With respect to his "plan for 
future activities," the Petitioner stated that his "plan involves operating a non-profit organization to 
carry out his activities." He further explained that he has "registered a non-profit in the State of 
Texas known as with his spouse and brother on the Board." 5 The 
Petitioner did not elaborate on the activities he will pursue while operating this non-profit 
organization or explain how they relate to his proposed endeavor. 
In addition, the Petitioner's response included a September 2017 letter from an 
information security engineering supervisor with as a "consultant through RMS," stating 
that he and the Beneficiary were "part of a global network engineering team that was responsible for 
designing and supporting the infrastructure operations at recently." 6 The 
Petitioner, however, did not indicate what, if any, future research or cyber security projects he will 
undertake on behalf of _______ or 
The Director denied the petition, finding that while the Petitioner's proposed cyber security work 
had intrinsic merit, he did not establish its "national or global implications within the field of cyber 
security." In addition, the Director concluded that the Petitioner had not shown "that his work would 
impact the cyber security industry more broadly, as opposed to being limited to the clients he 
serves." 
In the appeal brief, the Petitioner does not address or further explain the proposed endeavor he plans 
to undertake and its prospective impact, but instead focuses on his past work "designing and 
supporting infrastructure operations at We further note that throughout these 
proceedings, the Petitioner has offered several potentially conflicting descriptions of his proposed 
endeavor. For example, the Petitioner has proposed to work as a computer engineer developing 
software, a researcher in the field of cyber technology, an operator of a non-profit organization, and 
a private sector cybersecurity service provider. He has not resolved the inconsistencies relating to 
his proposed endeavor with independent, objective evidence pointing to where the truth lies. Matter 
of Ho, 19 I&N Dec. 582, 591-92 (BIA 1988). 
The record does not include sufficiently detailed or consistent information, or supporting 
documentation, to establish whether the Petitioner intends to pursue cyber security research as his 
future endeavor. Nor has he identified the specific research projects he would undertake or the 
capacity in which he proposes to conduct such research. Furthermore, the Petitioner has not 
demonstrated that his prospective work as a researcher, cybersecurity service provider, or operator of 
a non-profit organization otherwise stands to have broader implications rising to the level of having 
national importance. In Dhanasar, we held that a petitioner must identify "the specific endeavor that 
the foreign national proposes to undertake." Id. at 889. The record does not sufficiently explain the 
5 The record includes a "Certificate of Filing" and a "Certificate of Formation, Nonprofit Corporation" from the State of 
Texas dated March 2013. 
6 letter was accompanied by his resume which reflects that he last worked for in September 
2014 as a "consultant through 
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Matter of A-A-A-
Petitioner's proposed endeavor(s) such that we are able to determine, without additional information 
and evidence, that his work will have national importance and that he is well positioned to advance 
his proposed endeavor. Furthermore, the Petitioner has not established that, on balance, it would be 
beneficial to the United States to waive the requirements of a job offer and thus of a labor 
certification. 
III. CONCLUSION 
As the Petitioner has not met the requisite three prongs set forth in the Dhanasar analytical framework, 
we find that he has not established he is eligible for or otherwise merits a national interest waiver as 
a matter of discretion. 
ORDER: The appeal is dismissed. 
Cite as Matter of A-A-A-, ID# 1704184 (AAO Oct. 22, 2018) 
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