dismissed EB-2 NIW Case: Electrical Engineering

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: SEPT. 12, 2024 In Re: 33962427 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an electrical engineer, 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 the Petitioner qualified for 
EB-2 classification as a member of the professions holding an advanced degree, but did not establish 
that a waiver of the required job offer, and thus of the labor certification, would be in the national 
interest. 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 Christa'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 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. 
If a petitioner demonstrates eligibility for the underlying EB-2 classification, they must then establish 
that they merit a discretionary waiver of the job offer requirement "in the national interest." 
Section 203(b )(2)(B)(i) of the Act. While neither the statute nor the pertinent regulations define the 
term "national interest," Matter of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016), provides the 
framework for adjudicating national interest waiver petitions. Dhanasar states that U.S. Citizenship 
and Immigration Services (USCIS) may, as matter of discretion, 1 grant a national interest waiver if 
the petitioner demonstrates that: 
1 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in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary 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). 
• 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. 
Id. 
II. ANALYSIS 
In her Professional Plan submitted in response to the Director's request for evidence (RFE), the 
Petitioner stated her proposed endeavor is to work as an electrical engineer on sustainable and 
intelligent energy generation, telecommunications systems, and lighting systems. The Petitioner 
explained she would implement specific energy generation, transmission, and distribution (GTD), 
internet of things (IoT), global system for mobile communications (GSM), universal mobile 
telecommunications system (UMTS), and long-term evolution (L TE). The Petitioner also stated she 
would provide workshops, lectures, and courses to students and professionals. 
The Petitioner submitted evidence that she holds the equivalent of a United States bachelor's degree 
in electrical engineering and over five years of progressive experience in engineering. The Director 
determined that the Petitioner qualified for EB-2 classification as a member of the professions holding 
an advanced degree. We agree. The only issue on appeal is whether she qualifies for and merits a 
waiver of the job offer requirement in the national interest. 
A. Substantial Merit and National Importance 
The first Dhanasar prong, substantial merit and national importance, focuses on the specific endeavor 
that the individual proposes to undertake. Dhanasar, 26 I&N Dec. at 889. The endeavor's merit may 
be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, 
health, or education. Id. The Director determined the Petitioner established the substantial merit of 
her proposed endeavor. We agree. 
The Director concluded, however, that the Petitioner did not establish the national importance of her 
proposed endeavor. In determining whether the proposed endeavor has national importance, we 
consider its potential prospective impact. Id. This consideration may include whether the proposed 
endeavor has significant potential to employ U.S. workers (particularly in an economically depressed 
area), has other substantial positive economic effects, has national or even global implications within 
the field, or has other broader implications indicating national importance. Id. at 889-90. The Director 
determined the Petitioner did not establish that her proposed endeavor would have a broader impact 
on the U.S. economy or her field at a level commensurate with national importance. 
On appeal, the Petitioner asserts the Director erred because her proposed endeavor has profound 
implications on both national and global scales. The Petitioner claims her proposed endeavor has 
national economic implications because by driving advancements in the electric power industry, she 
supports the creation ofjobs and fosters economic growth. The Petitioner also claims that through her 
work in IoT, industrial software and telecommunications systems she enhances productivity, reduces 
costs, and boosts the competitiveness of American companies. The Petitioner further asserts her 
proposed endeavor has significant economic implications because the electric power industry is a 
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major economic driver and by making advancements in this sector, the Petitioner supports the creation 
of jobs and fosters economic growth. The Petitioner does not indicate, however, that her proposed 
endeavor would directly employ any United States workers or that any economic benefits would 
extend beyond her future employers or clients to constitute substantial positive economic effects 
indicative of national importance. See id. at 890 ( discussing significant potential to employ United 
States workers and other substantial positive economic effects as indicative of national importance). 
In her Professional Plan submitted in response to the RFE, the Petitioner stated her proposed endeavor 
has significant potential to employ United States workers because there will be a growing demand for 
skilled workers on sustainable energy projects, her work on integrating telecommunications with IoT 
will contribute to the demand for information technology professionals, and her work on sustainable 
practices and technologies will drive the growth of renewable energy manufacturing industries and 
generate jobs across the supply chain. The Petitioner's Professional Plans do not indicate that she 
would directly employ any United States workers and they do not demonstrate that her proposed 
endeavor would have positive economic effects reaching beyond her future employers or clients to 
impact her field more broadly. See id. at 889 ( explaining "we look for broader implications"). 
The Petitioner further asserts her proposed endeavor has national importance because it significantly 
impacts societal welfare and cultural enrichment through sustainable energy systems and reducing 
energy-related costs. The Petitioner also claims her proposed endeavor aligns with national initiatives 
on sustainable energy, reducing dependency on fossil fuels, reducing energy consumption and 
greenhouse gas emissions, and combating climate change. The Petitioner further claims her proposed 
endeavor will help position the United States as a leader in clean energy and technological innovation, 
and help American companies enhance their global competitiveness. We do not discount the 
importance of sustainable and clean energy, technological innovation, combating climate change, and 
reducing energy consumption and greenhouse gas emissions. However, our assessment of national 
importance does not focus on the importance of issues affecting an industry or our nation in general, 
but "focuses on the specific endeavor that the foreign national proposes to undertake." Id. Here, the 
Petitioner did not submit supporting evidence to demonstrate the potential prospective impact of her 
specific proposed endeavor. See id. (explaining we consider the proposed endeavor's potential 
prospective impact when assessing national importance). 
In response to the RFE, the Petitioner submitted a letter from M-A-D-B- 2 who praised the Petitioner's 
contributions to the Union of Engineers in the State of Sao Paulo, Brazil and commended her 
experience and skills. M-A-D-B- describes the Petitioner as "an exceptional professional in her field" 
with "a unique ability to drive the development of engineering and the market as a whole, bringing the 
best solutions when faced with a challenge, always with promptness, efficiency, zeal, commitment to 
determine concrete results, and the potential to generate considerable and consistent revenues, which 
makes her a true model in the segment." While M-A-D-B- attests to the Petitioner's experience and 
qualifications, she does not address the Petitioner's proposed endeavor or indicate that it has national 
importance. Cf id. at 892 (stating Dhanasar submitted probative expert letters describing the 
importance of his specific research as it related to U.S. strategic interests). 
2 We use initials to protect the privacy of the referenced individual. 
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In Dhanasar we determined that the petitioner's teaching activities did not rise to the level of having 
national importance because they would not impact his field more broadly. Id. at 893. Here, the 
record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her 
future employers, clients or students to impact her field more broadly in a manner indicative of national 
importance. The Petitioner has not established that her proposed endeavor has significant potential to 
employ United States workers, would have other substantial positive economic effects, or would 
otherwise impact her field more broadly on a level commensurate with national importance. 
C. The Remaining Dhanasar Prongs 
The Petitioner has not established 
the national importance of her specific proposed endeavor and she 
does not meet the first prong of the Dhanasar framework. As this issue is dispositive of the 
Petitioner's appeal, we decline to reach and hereby reserve determination of her eligibility under the 
second and third prongs of the Dhanasar framework. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) 
(stating that "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 of L-A-C-, 26 I&N Dec. 516, 526 n.7 (BIA 
2015) (declining to reach alternative issues on appeal where an applicant is otherwise ineligible). 
III. CONCLUSION 
The 
Petitioner has not established the national importance of her proposed endeavor and does not meet 
the first prong of the Dhanasar analytical framework. Consequently, she has not demonstrated that 
she is eligible for or merits a waiver of the job offer requirement in the national interest as a matter of 
discretion. 
ORDER: The appeal is dismissed. 
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