dismissed EB-2 NIW Case: Computer Science

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JAN. 29, 2024 In Re: 29565241 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a computer science research assistant, seeks classification as a member of the 
professions holding an advanced degree or of exceptional ability, Immigration and Nationality Act 
(the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). The Petitioner also seeks a national interest waiver 
of the job offer requirement that is attached to this employment based second preference (EB-2) 
classification. See section 203(b)(2)(B)(i) of the Act, 8 U.S.C. § 1153(b)(2)(B)(i). U.S. Citizenship 
and Immigration Services (USCIS) may grant this discretionary waiver of the required job offer, and 
thus of a labor certification, when it is in the national interest to do so. See Poursina v. USCIS, 936 
F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest waiver to be 
discretionary in nature). 
The Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish that a waiver of the required job offer, and thus of the labor certification, would be in the 
national interest. The Petitioner thereafter filed a combined motion to reopen and reconsider which 
the Director dismissed. 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 I&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. 53 7, 537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
I. LAW 
To establish eligibility for a national interest waiver, a petition 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. 
Whilst 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 (AAO 2016). Dhanasar states that USCIS may as a matter of discretion 
grant a national interest waiver of the job offer, and thus of the labor certification, to a petitioner 
classified in the EB-2 category if they demonstrate that (1) the noncitizen' s proposed endeavor has 
both substantial merit and national importance, (2) the noncitizen 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. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
noncitizen 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 noncitizen. To determine whether 
the noncitizen 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, progress towards achieving the proposed endeavor, and 
the interest of potential customers, users, investors, or other relevant entities or individuals are also 
key considerations. 
The third prong requires the petitioner to demonstrate that, on balance of applicable factors, it would 
be beneficial to the United States to waive the requirements of a job offer and thus of a labor 
certification. USCIS may evaluate factors such as whether, in light of the nature of the noncitizen' s 
qualification or the proposed endeavor, it would be impractical either for the noncitizen to secure a 
job offer or for the petition to obtain a labor certification; whether, even assuming that other qualified 
U.S. workers are available, the United States would still benefit from the noncitizen's contributions; 
and whether the national interest in the noncitizen's contributions is sufficiently urgent to warrant 
forgoing the labor certification process. Each of the factors 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. 
II. ANALYSIS 
To satisfy the Dhanasar analytical framework's first prong, the Petitioner must demonstrate that their 
proposed endeavor has both substantial merit and national importance. This prong focuses on the 
specific endeavor that the individual 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. The record here supports the Director's determination that the Petitioner's 
proposed endeavor, applying data science and machine learning as a computer science research 
assistant, had substantial merit. 
But, when evaluating national importance, we shift the focus from the importance of the field or 
industry within which a petitioner will work to "the specific endeavor that the foreign national 
proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. In Dhanasar, we farther noted that "we 
look for broader implications" of the proposed endeavor and that "[ a ]n undertaking may have national 
importance for example, because it has national or even global implications within a particular field." 
Id. We also stated that "[a]n endeavor that has significant potential to employ U.S. workers or has 
2 
other substantial pos1t1ve economic effects, particularly in an economically depressed area, for 
instance, may well be understood to have national importance." Id. at 890. 
In determining whether a proposed endeavor has national importance, we consider its potential 
prospective impact. In support of their claim that they can satisfy the Dhanasar analytical 
framework's first prong, the Petitioner submitted letters of recommendation and employment 
verification from current and former collaborators and employers respectively, a printout from the 
USCIS website, a copy of the O*NET entry for computer and information research scientists, copies 
of the Petitioner's publications, copies of the Petitioner's educational documents, and industry reports. 
The Petitioner's proposed endeavor is essentially to serve as a computer science research assistant in 
the United States. They are petitioning so that they may be able to provide their services to employers 
in the United States. In essence, the Petitioner's endeavor would place the Petitioner in a free agent 
posture to any U.S. employer who requires their services. This is akin to a job search. And the purpose 
of a national interest waiver is not to facilitate a petitioner's U.S. job search. 
And even if we considered the Petitioner's proposed endeavor in a manner which elevated it from a 
simple job search, we would still conclude that it did not rise to a level of national importance. The 
Petitioner stated their endeavor could "spur business growth, generate tax revenue and job creation, 
improve quality oflife, and protect and improve the environment." But it is unclear from the evidence 
in the record that the work of a single computer science research assistant would have a significant 
impact on the field beyond its immediate sphere of influence. The evidence in the record does not 
highlight how the work of one professional could have broader implications that implicate business 
growth, tax revenue, job creation, quality of life, or environmental issues in a nationally important 
manner. For example, the Petitioner mention job creation and tax revenue generation as potential 
positive effects of their proposed endeavor. But the record contains insufficient documentation to 
support or even describe job creation of any significance such that it rose to a level commensurate 
with national importance. Moreover, the Petitioner has not identified where they intend to establish 
their endeavor, which impedes an evaluation of whether the proposed job creation would address 
employment in economically depressed areas. The record is similarly silent about the other potential 
positive economic effects identified by the Petitioner, such as tax payments, which inhibits an 
evaluation of whether the Petitioner's indicated benefits from taxation rise to the level of national 
importance. So the record contains insufficient evidence to support the positive economic effects the 
Petitioner expects their proposed endeavor to realize. 
On appeal, the Petitioner makes special mention of their single occasion computer science research 
assistance providing machine learning and data science services to I l I I is a National 
Aeronautics and Space Administration (NASA) campaign consisting of a multi-year field experiment 
to observe snow throughout the winter season in various landscapes. The aim is to advance global 
snow science to potentially lead to a spacebome snow mission concept. We recognize that the 
Petitioner has participated withl l But it is not clear how this one-time participation supports 
or is related to the Petitioner's endeavor to serve as a computer science research assistant with any 
willing United States employer. For example, none of the generic duties from the Department of 
Labor (DOL) Occupational Information Network (O*NET) entry for computer and information 
research scientists the Petitioner lists to describe their proposed endeavor relate tol Ior snow 
science. 
3 
The Petitioner's professional plan identifies numerous "domains" where the Petitioner's work with 
data science and machine learning as a computer science research assistant would be beneficial such 
as renewable energy (biofuel production), education, and science. The need for a computer science 
research assistant inl land projects like it in renewable energy (biofuel production, education, 
and science does not render any computer science research assistant endeavor working with data 
science and machine learning nationally important without an evaluation of the prospective positive 
impact of the work on the project evaluated through its broader implications or positive economic 
effect. And the evidence in the record does not demonstrate any specific activities or projects the 
Petitioner would provide their services to which would permit us to evaluate the prospective positive 
impact of the work on the project(s) evaluated through their broader implications or positive economic 
effects. 
The manifest thrust of the Petitioner's claim of eligibility for the act of discretion to waive the 
requirement of a job offer, and thus a labor certification, in the national interest comes from the 
Petitioner's claims regarding their profession's importance, their past work as a computer science 
research assistant, and their dedication to their field. But these attributes, critical as they may be for 
an endeavor's success, are not germane to the question of whether a proposed endeavor elevates to a 
position of national importance. We are not concerned with the individual petitioner when evaluating 
the first prong of the Dhanasar analytical framework; we are focused on the petitioner's proposed 
endeavor. The success of the endeavor, or attributes that could tend to make the endeavor more 
successful, are consequently not as important as determining whether the proposed endeavor itself 
stripped away from a petitioner, has attributes that would highlight the prospective positive impact of 
its broader implications or positive economic effects rising to a level of national importance. 
III. CONCLUSION 
The Petitioner has not met the requisite first prong of the Dhanasar analytical framework. Because 
this issue is dispositive of the Petitioner's appeal, we decline to reach and hereby reserve the remaining 
arguments concerning eligibility under the remaining Dhanasar prongs. See INS v. Bagamasbad, 429 
U.S. 24, 25 1976) ('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-1, 26 I&N Dec. 216, 526n.7 
(BIA 2015) (declining to reach alternate issues on appeal where an applicant is otherwise eligible). 
So we conclude the Petitioner has not established that they are eligible for or otherwise merit a national 
interest waiver of the job offer requirement, and thus of a labor certification. Accordingly, the appeal 
will be dismissed. 
ORDER: The appeal is dismissed. 
4