dismissed EB-2 NIW Case: Educational Technology

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: SEP. 26, 2024 In Re: 33617113 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an entrepreneur, seeks employment-based second preference (EB-2) 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 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 record did not 
establish that the Petitioner was eligible for EB-2 Classification or a national interest waiver as a matter 
of discretion. The matter is now before us on appeal pursuant to 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. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
I. LAW 
To qualify for the underlying EB-2 visa classification, a petitioner must establish they are an advanced 
degree professional or an individual of exceptional ability in the sciences, arts, or business. Section 
203(b)(2)(A) of the Act. 
An advanced degree is any U.S. academic or professional degree or a foreign equivalent degree above 
that of a bachelor's degree. A U.S. bachelor's degree or foreign equivalent degree followed by five 
years of progressive experience in the specialty is the equivalent of a master's degree. 
8 C.F.R. § 204.5(k)(2). 
Profession is defined as one of the occupations listed in section 101(a)(32) of the Act, as well as any 
occupation for which a U.S. baccalaureate degree or its foreign equivalent is the minimum requirement 
for entry into the occupation. 1 8 C.F.R. § 204.5(k)(2). 
1 Profession shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in 
elementary or secondary schools, colleges, academics, or seminaries. Section 10l(a)(32) of the Act. 
If a petitioner establishes eligibility for the underlying EB-2 classification, they must then demonstrate 
that they merit a discretionary waiver of the job offer requirement "in the national interest." 
Section 203(b )(2)(B)(i) of the Act. Matter of Dhanasar provides the framework for adjudicating 
national interest waiver petitions. Matter ofDhanasar, 26 T&N Dec. 884, 889 ( AAO 2016). Dhanasar 
states that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion,2 grant a 
national interest waiver if the petitioner demonstrates that: 
• The proposed endeavor has both substantial merit and national importance; 
• The individual is well-positioned to advance their proposed endeavor; and 
• On balance, waiving the job offer requirement would benefit the United States. 
Dhanasar, 26 I&N Dec. at 889. 
II. ANALYSIS 
The Petitioner is an entrepreneur who wants to create a start-up offering free higher 
education classes 
using artificial intelligence classroom technology. The Director determined that the Petitioner did not 
establish his eligibility for the EB-2 classification. Specifically, the Director determined that the 
record does not establish that the Petitioner is a member of the professions holding an advanced degree, 
as the Petitioner "[n]ever provided official records from school." On appeal, the Petitioner contends 
that this is incorrect and that he did provide "an official document from the school." Upon de novo 
review, we conclude that the record does not establish the Petitioner is a member of the professions 
holding an advanced degree. 
The Petitioner has not submitted relevant, probative, and credible evidence, to establish eligibility as 
a member of the professions holding an advanced degree. See Matter of Chawathe, 25 T&N Dec. at 
376. As discussed above, an advanced degree is any U.S. academic or professional degree or a foreign 
equivalent degree above that of a bachelor's degree. 8 C.F.R. § 204.5(k)(2). The Petitioner submitted 
a letter from the __________ in Israel stating that he completed a master of science 
degree. While this letter states that the Petitioner has a foreign master's degree, it is not corroborated 
by other official documents such as diploma or transcript. The Petitioner also submitted an academic 
evaluation that states that the Petitioner's degree equivalent to a U.S. master's degree. However, an 
academic evaluation is advisory. Matter of Caron Int'!, Inc., 19 I&N Dec. 791, 795 (Comm'r 1988). 
We may favorably consider them when they have provided a credible, logical, and well-documented 
case for an equivalency determination. See generally 6 USCIS Policy Manual E.9, 
https://www.uscis.gov/policy-manual. This academic evaluation does not meet this standard. The 
author states that they have "reviewed the curriculum of this program," however, the curriculum has 
not been provided for our review. The author states that the Petitioner's degree is the equivalent of a 
U.S. master of science degree but does not provide specific details on how they reached this 
conclusion. For example, they do not compare the number of credit hours the Petitioner completed to 
the number of credit hours needed to complete a U.S. master of science degree. In addition, the author 
does not specifically compare the courses the Petitioner completed with the courses needed for a U.S. 
master of science degree. Therefore, we do not find the academic evaluation to be persuasive and we 
2 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Ninth, Eleventh, and D.C. Circuit Courts (and Third 
in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary 
in nature). 
2 
cannot conduct our own analysis as the documents in the record do not contain enough information 
regarding the Petitioner's degree and its U.S. equivalency. 
Lastly, the record does not sufficiently establish that the Petitioner is a member of the professions 
under section 10l(a)(32) of the Act. To qualify for EB-2 classification, in addition to holding an 
advanced degree, the Petitioner must also establish they are a member of the professions. As stated 
above, a profession is defined as one of the occupations listed in section 10l(a)(32) of the Act, as well 
as any occupation for which a U.S. baccalaureate degree or its foreign equivalent is the minimum 
requirement for entry into the occupation. 3 8 C.F.R. § 204.5(k)(2). The record does not sufficiently 
establish what profession the Petitioner holds. For example, the Petitioner listed his occupation as 
"entrepreneur" on the petition, however, an entrepreneur alone would not be considered a profession 
under the regulatory definition since there is no established educational requirement to become an 
entrepreneur. Further, the proposed endeavor itself is not clear on the Petitioner's role such as whether 
he is an inventor, a creator of the idea or technology, or an educator. Without more information on 
the proposed endeavor and the Petitioner's role, we cannot determine whether he is a member of the 
professions. Therefore, the record does not establish that the Petitioner is eligible for EB-2 
classification as a member of the professions holding an advanced degree. 
While we do not discuss each piece of evidence individually, we have reviewed and considered the 
record in its entirety. The Petitioner has not established his qualification for the EB-2 classification 
as a member of the professions holding an advanced degree and is therefore ineligible for a national 
interest waiver. The Petitioner discusses his eligibility for a national interest waiver on appeal, 
however, we decline to reach any further conclusions as it would serve no meaningful purpose. See 
INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (stating that agencies are not required to make "purely 
advisory findings" on issues that are unnecessary to the ultimate decision); see also Matter ofL-A-C­
, 26 I&N Dec. 516, 526 n. 7 (BIA 2015) ( declining to reach alternative issues on appeal where the 
applicant did not otherwise meet their burden of proof). 
III. CONCLUSION 
We conclude that the Petitioner has not established by a preponderance ofthe evidence that he qualifies 
as a member of the professions holding an advanced degree, or that he is otherwise eligible for the 
underlying EB-2 immigrant visa classification and therefore is not eligible for a national interest 
waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
3 Profession shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in 
elementary or secondary schools, colleges, academics, or seminaries. Section 10l(a)(32) of the Act. 
3