dismissed EB-2 NIW Case: Construction Project Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 24808560 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: APR. 7, 2023 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a construction project manager, seeks classification as an individual 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 EB 
-2 immigrant classification. See section 203(b)(2)(B)(i) of the Act. 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. 
The Director of the Texas Service Center denied the petition , concluding that the record did not 
establish the Petitioner's eligibility for the EB-2 immigrant classification or that a waiver of the 
classification's job offer requirement 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 I&N Dec. 369, 375-76 (AAO 2010) . We review the questions in this matter 
de novo. Matter ofChristo '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 immigrant 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. 
"Exceptional ability" means a degree of expertise significantly above that ordinarily encountered in 
the sciences, arts, or business. 8 C.F.R. § 204.5(k)(2). 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. 1 If a petitioner does so, we will then conduct a final merits 
determination to decide whether the evidence in its totality shows that they are recognized as having 
a degree of expertise significantly above that ordinarily encountered in the field. 
1 USCIS has previously confirmed the applicability of this two-part adjudicative approach in the context of aliens of 
exceptional ability. See generally 6 USCIS Policy Manual F.5(B)(2), https://www.uscis.gov/policy-manual. 
If a petitioner demonstrates eligibility for the underlying EB-2 classification, the petitioner must then 
establish eligibility for a discretionary waiver of the job offer requirement "in the national interest." 
Section 203(b )(2)(B)(i) of the Act. 
The Director determined that the Petitioner met the criterion at 8 C.F.R. § 204.5(k)(3)(ii)(A) and we 
agree. The Petitioner also provided evidence of his valid professional registration (license) as a civil 
engineer from the National Professional Council of Engineering (COPNIA) in Colombia and, thus, 
we withdraw the Director's conclusion regarding the criterion at 8 C.F.R. § 204.5(k)(3)(ii)(C). In 
addition, he claims to meet the following two criteria. 2 
Evidence that the alien has commanded a sala,y, or other remuneration for services, 
which demonstrates exceptional ability. 8 C.F.R. § 204.5(k)(3)(ii)(D). 
The record includes an "extract translation" of the Petitioner's 2017 tax return and salary information for 
civil engineers and civil engineering drafters. As an initial matter, the Petitioner did not provide "a full 
English language translation which the translator has certified as complete and accurate" of the tax return 
as required by 8 C.F.R. § 103 .2(b )(3). Further, the Petitioner did not supply supporting documentation to 
establish the source(s) of his "gross income earned from work" listed on his tax retum. 3 Finally, and as 
explained by the Director, in addition to the deficiencies in the submitted salary information, the Petitioner 
has not shown that the evidence regarding civil engineers and civil engineering drafters demonstrates his 
exceptional ability as a construction project manager.4 For all these reasons, the Petitioner has not met 
this criterion. 
Evidence of membership in professional associations. 8 C.F.R. § 204.5(k)(3)(ii)(E). 
The Petitioner again relies on his professional registration as a civil engineer. While the Petitioner did 
provide printouts from the COPNIA website which explains that it is a "public entity" which 
"[i]ssue[ s] Registration Cards, Professional Registration Certificates and Registration Certificates to 
engineers," along with the requirements for registration, the documentation does not include 
information to establish that there is a membership component, As the Petitioner has not demonstrated 
that being issued a professional registration to practice his profession by a public entity qualifies as 
membership in a professional association, we cannot conclude that he meets this criterion. 
Because the Petitioner does not satisfy at least three of the criteria, we need not conduct a final merits 
determination. Further, since he has not demonstrated that he qualifies for the underlying EB-2 
classification, we decline to reach and hereby reserve the remaining arguments concerning his national 
interest waiver claim. See INS v. Bagamasbad, 429 U.S. 24, 25-26 (1976) (stating that, like courts, 
federal agencies are not generally required to make findings and decisions unnecessary to the results they 
2 As the Petitioner does not claim to meet the two remaining criteria on appeal, we will not address them here. 
3 For example, while the letter from I confirms the Petitioner's role as a project manager, it does not include 
information regarding his salary or dates of employment. 
4 While not a basis for our conclusion, we note that although the Petitioner submitted information regarding the average 
civil engineer salary in Colombia from Indeed.com, the same website includes average salary information for construction 
managers, which is $ 105.695.011. This average salary is significantly higher than that of a civil engineer($ 39,851,781) 
and his 2017 gross earnings of$ 65,376,000. See https://co.indeed.com/career/gerente-de-construcci%C3%B3n/salaries 
(last accessed Apr 7, 2023). 
2 
reach); see also Matter of L-A-C-, 26 I&N Dec. 516, 526 n. 7 (BIA 2015) ( declining to reach alternate 
issues on appeal where an applicant is otherwise ineligible). 
ORDER: The appeal is dismissed. 
3