dismissed EB-2 NIW Case: Environmental Awareness

U.S. Citizenship 
and In1n1igration 
Services 
MATTER OF R-D-S-E-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 12, 2019 
APPEAL OF NEBRASKA SER VICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, the coordinator of a school for bodyboarding and environmental awareness, seeks 
second preference immigrant classification as an individual of exceptional ability, 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 Nebraska Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, finding that the Petitioner did not qualify for classification as an individual of exceptional 
ability, and 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 meets three of the six exceptional ability criteria and 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 R-D-S-E-
(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. 
The regulation at 8 C.F.R. § 204.5(k)(2) contains the following relevant definition: "Exceptional 
ability in the sciences, arts, or business means a degree of expertise significantly above that 
ordinarily encountered in the sciences, arts, or business." In order to demonstrate exceptional 
ability, a petitioner must submit at least three of the types of evidence listed at 8 C.F.R. 
§ 204.5(k)(3)(ii). 
Furthermore, 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 I&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 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
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Matter of R-D-S-E-
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 
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 
11. ANALYSIS 
A Exceptional Ability 
As an environmental awareness project coordinator, the Petitioner asserts that he meets three of the 
exceptional ability evidentiary criteria at 8 C.F.R. § 204.5(k)(3)(ii). The Director determined that the 
Petitioner's membership in the Association of Environmental Engineering Professionals of Espirito 
Santo satisfied the regulatory criterion at 8 C.F.R. § 204.5(k)(3)(ii)(E), which requires "[e]vidence of 
membership in professional associations." The record supports the Director's finding relating to this 
criterion. On appeal, the Petitioner maintains that he also meets the regulatory criteria at 8 C.F.R. 
§ 204.5(k)(3)(ii)(A), (B), and (F). For the reasons discussed below, the record supports a finding that 
the Petitioner satisfies these additional criteria. 
The regulatory criterion at 8 C.F.R. § 204.5(k)(3)(ii)(A) requires "[a]n official academic record showing 
... a degree, diploma, certificate, or similar award from a college, university, school, or other institution 
of learning relating to the area of exceptional ability." The record includes the Petitioner's bachelor's 
degree in environmental engineering from (2014) and his official school 
transcript from that college's secretary of academic affairs. Accordingly, the Petitioner meets this 
criterion. 
In addition, the Petitioner presented a March 2018 letter from his former employer, (a mining 
corporation), indicating that he worked "full time" coordinating that company's environmental 
programs and community outreach activities (such as beach restoration projects) from 2004 until 2015. 
This letter demonstrates that he "has at least ten years of full-time experience" in his occupation and 
therefore he satisfies the criterion at 8 C.F.R. § 204.5(k)(3)(ii)(B). 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
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Matter of R-D-S-E-
As "[e]vidence of recognition for achievements and significant contributions to the industry or field 
by peers, governmental entities, or professional or business organizations" under the criterion at 
8 C.F.R. § 204.5(k)(3)(ii)(F), the Petitioner provided letters from professional bodyboarders, 
environmental organizations, project collaborators, and company sponsors discussing the Petitioner's 
in Brazil and its beach restoration projects. In addition, the 
record includes media coverage of his work and certificates and declarations from the city of 
issued in recognition of the Petitioner's environmental service. We find this evidence sufficient to 
document that the Petitioner's achievements and significant contributions to the field (through his 
development of a school for body boarding and environmental awareness) have been recognized by 
peers, governmental entities, and professional and business organizations. Accordingly, he meets 
the regulatory criterion at 8 C.F.R. § 204.5(k)(3)(ii)(F). 
The record adequately demonstrates that the Petitioner meets at least three of the six regulatory criteria 
at 8 C.F.R. § 204.5(k)(3)(ii) and that he has achieved the level of expertise required for exceptional 
ability classification. He therefore has established eligibility for the underlying EB-2 visa 
classification. 
B. National Interest Waiver 
The remaining issue is whether the Petitioner has established that a waiver of the requirement of a job 
offer, and thus a labor certification, is in the national interest. At the time of filing, the Petitioner 
asserted that he intends to work "as the Director and Founder of a school that combines the teaching 
of ocean sports with the teaching of ocean ecology and environmental sustainability." 
With respect to his proposed endeavor, the Petitioner offered a project plan indicating that he seeks 
to establish an m 
Hawaii. He stated that he intends to develop "an educational program through the 
practice of bodyboarding, helping people learn more about our environment and sport." The 
Petitioner further explained that the mission of his educational program is to "[i]nform individuals to 
transform them in [sic] citizens that collaborate to [sic] the sustainability and improvement of their 
community." 
The Petitioner also provided letters of support discussing how the Petitioner's 
will improve children's environmental education in the community. 3 For example, 
. Director of Advancement and Manager for (a charitable benefit race for 
children with special needs), asserted that "[p]rograms like the can have significant 
impact on many generations to come because the values they instill in children now will resonate for 
their entire lives and continue to positively impact their mindset and surroundings for years to 
come." In addition, founder of an ocean sports event for 
children with special needs, indicated that ____ is a great asset to our entire community in 
3 While we discuss a sampling of these letters, we have reviewed and considered each one. 
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Matter of R-D-S-E-
Hawaii, making our land safer and our people eager to care for the ocean. Children need to be ocean 
smart with living on an island, and ___ has a formula that inspires many kids .... " 
In addition, the record includes an analysis from Pew Charitable Trusts discussing issues that drive 
ocean conservation, webpages describing Earthjustice (a non-profit public interest organization) and 
its initiatives to protect ocean ecosystems, and information about World Oceans Day and problems 
affecting the world's oceans. Regarding the first prong of the Dhanasar framework, while we find 
that the Petitioner's proposed work to operate an environmental school of bodyboarding has substantial 
merit, for the reasons discussed below, the evidence is not sufficient to show this endeavor's national 
importance. 
On appeal, the Petitioner asks that we "look beyond the unconventional and unprecedented nature of 
this project and see its universal benefit, national importance and potential to benefit the U.S. while 
creating jobs." He provides a personal statement indicating that he commenced the project in 
Hawaii with the "hope to replicate the model in other coastal areas of the U.S." The Petitioner 
further states that he seeks "to create jobs and provide a program that will benefit young people here 
and the environment just as it has in Brazil." 
In determining national importance, the relevant question is not the importance of the industry or 
profession in which the individual will work; instead we focus on the "the specific endeavor that the 
foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. In Dhanasar, we 
further 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 other substantial positive economic effects, particularly in 
an economically depressed area, for instance, may well be understood to have national importance." 
Id. at 890. 
To evaluate whether the Petitioner's proposed endeavor satisfies the national importance 
requirement we look to evidence documenting the "potential prospective impact" of his work. 
Although the statements from the Petitioner reflect his intention to offer bodyboarding training and 
environmental education to participants in his school's programs, he has not presented sufficient 
information and evidence to demonstrate that the prospective impact of his proposed endeavor rises 
to the level of national importance. In the same way that Dhanasar finds that a classroom teacher's 
proposed endeavor is not nationally important because it will not impact the field more broadly4, we 
find that the Petitioner has not shown his proposed endeavor in this case stands to sufficiently extend 
beyond his school and its participants to impact the field more broadly than his specific programs. 
Nor has he shown that his operation of ___________ would have broader 
implications in his sport. 
4 See Id. at 893. 
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Matter of R-D-S-E-
Furthermore, the Petitioner has not demonstrated that the specific endeavor he proposes to undertake 
has significant potential to employ U.S. workers or otherwise offers substantial positive economic 
effects for our nation. While his project plan lists "Human Resources to Start" as "3 Bodyboarding 
instructors" and "1 Instructor of environment discipline," the record does not include sufficient 
information or evidence regarding any projected job growth attributable to his proposed school. The 
Petitioner has not shown that benefits to the regional or national economy resulting from this project 
would reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. 
Accordingly, the Petitioner's proposed work does not meet the first prong of the Dhanasar 
framework. 
Because the documentation in the record does not establish the national importance of his proposed 
endeavor as required by the first prong of the Dhanasar precedent decision, the Petitioner has not 
demonstrated eligibility for a national interest waiver. Further analysis of his eligibility under the 
second and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose. 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of 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. The appeal will be dismissed for the above stated reasons, with each considered as an 
independent and alternate basis for the decision. In visa petition proceedings, it is the petitioner's 
burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. 
§ 1361; Matter of Skirball Cultural Ctr., 25 I&N Dec. 799, 806 (AAO 2012). Here, that burden has 
not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofR-D-S-E-, ID# 2360141 (AAO Mar. 12, 2019)