dismissed EB-2 NIW Case: Industrial Maintenance

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: MAR. 14, 2024 In Re: 30107268 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a field and operations general manager, seeks employment-based second preference 
(EB-2) immigrant classification as an individual of exceptional ability 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's proposed endeavor to work in the United States as an industrial 
maintenance expert has national importance and 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 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 l&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 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. Section 203(b )(2)(B)(i) of the Act. 
"Exceptional ability" in the sciences, arts, or business 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. See 8 
C.F.R. § 204.5(k)(3)(ii)(A)-(F) . 1 Meeting at least three criteria, however, does not, in and of itself, 
establish eligibility for this classification. We will then conduct a final merits determination to decide 
1 If these types of evidence do not readily apply to the individual 's occupation, a petitioner may submit comparable 
evidence to establish their eligibility. 8 C.F.R. § 204.5(k)(3)(iii). 
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. 2 
Once a petitioner demonstrates eligibility as either a member of the professions holding an advanced 
degree or an individual of exceptional ability, 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 a matter of discretion, 3 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. 
The first prong, substantial merit and national importance, 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. In determining 
whether the proposed endeavor has national importance, we consider its potential prospective impact. 
Id. at 889. 
The second prong shifts the focus from the proposed endeavor to the individual. To determine whether 
they are well positioned to advance the proposed endeavor, we consider factors including, but not 
limited to: their education, skills, knowledge, and record of success in related or similar efforts; a 
model or plan for future activities; any progress towards achieving the proposed endeavor; and the 
interest of potential customers, users, investors, or other relevant entities or individuals. Id. at 890. 
The third prong requires a 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, we may evaluate factors such as: whether, in light of the nature of the individual's 
qualifications or the proposed endeavor, it would be impractical either for them to secure a job offer 
or to obtain a labor certification; whether, even assuming that other qualified U.S. workers are 
available, the United States would still benefit from their contributions; and whether the national 
interest in their contributions is sufficiently urgent to warrant forgoing the labor certification process. 
In each case, the factors considered must, taken together, establish 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. 
Id. at 890-91. 
2 USCTS has previously confirmed the applicability of this two-part adjudicative approach in the context of individuals of 
exceptional ability. See generally 6 USCIS Policy Manual F.5(B)(2), https://www.uscis.gov/policy-manual/volume-6-
part-f-chapter-5. 
3 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). 
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II. ANALYSIS 
The Petitioner proposed to work in the United States as an industrial maintenance expert in the areas 
of electrical, hydraulic, and industrial maintenance. 
As indicated above, the 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. See Section 203(b )(2)(B)(i) of the Act. The Director determined that the 
Petitioner is eligible for the EB-2 classification as an individual of exceptional ability, and we agree. 
The remaining issue on appeal is whether the Petitioner is eligible or otherwise merits a waiver of that 
classification's job offer requirement. We conclude that he is not. 
The Director determined that the record established the substantial merit of the Petitioner's proposed 
endeavor and that the Petitioner is well positioned to advance the proposed endeavor. But the Director 
determined that the Petitioner has not established that the proposed endeavor is of national importance 
and 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. 
On appeal, the Petitioner contends that the Director's decision contains numerous erroneous 
conclusions of both of law and fact. The Petitioner further claims that the Director erred in finding 
that his proposed endeavor is not of national importance because he has provided ample evidence to 
demonstrate that his work as an industrial maintenance expert will have a significant and positive 
impact on various sectors of the U.S. economy, culture, and welfare. 
While the Petitioner claims that the Director's decision contains numerous erroneous conclusions of 
both law and fact, the Petitioner does not provide specific facts he believes the Director erroneously 
found or misstated in the decision. The Petitioner also does not specifically cite laws, regulations, 
precedent decisions, or binding policies that he believes the Director misapplied in the decision. While 
we may not address each piece of evidence individually, we have reviewed and considered each one. 
The Petitioner asserts that his proposed endeavor has national or even global implications with a 
particular field because its results are widely disseminated to other professionals in the industrial 
maintenance field. The Petitioner states that while rending services for various companies, he received 
the approval of several projects, reduced equipment downtime, trained and motivated his maintenance 
team, reduced maintenance or operations costs, increased production, increased reliability of the 
company in the industry, impacted the company's sustainability. The Petitioner claims that the best 
way to estimate the prospective impact of one's work is by evaluating the individual's past 
achievements and that the broader implications of his work may be demonstrated by the fact that his 
contributions have rendered impressive results. The record includes the Petitioner's course and 
training completion certificates, transcript, resume, acknowledge letters from his former employers, 
employment and income verification letters from his former and current employers, support letters 
from his former colleagues, expert opinion letters from professors, professional plan, and photographs 
of the Petitioner receiving awards from his former employer. 
While we acknowledge the Petitioner's past achievements and contributions to his former employers 
as evidenced by various documents submitted to USCIS, the Petitioner's education, training, work 
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experience, and professional achievements are relevant under the second prong of Dhanasar to 
support that he is well positioned to advance the proposed endeavor. See Dhanasar, 26 I&N Dec. at 
890. The first prong, substantial merit and national importance, focuses on the specific endeavor that 
the individual proposes to undertake. See id. at 889. 
In Dhanasar, we indicated that we look for broader implications of the proposed endeavor and that an 
undertaking may have national importance, for example, because it has national or even global 
implications within a particular field. See id. The Petitioner has not shown how his proposed 
endeavor to work as an industrial maintenance expert, forming partnerships with institutions and 
providing guidance on the development of maintenance, electrical and industrial production, and 
robotics services, would make a significant impact on the industrial maintenance field more broadly 
rather than benefiting his employers or clients. 
In his professional plan, the Petitioner stated that as an industrial maintenance expert, he will distribute 
his knowledge to his peers, other professionals, and students in the field by conducting lectures, 
seminars, and workshops, implementing technical skills to carry out projects in this field, and 
expanding the workforce. However, the record does not show that this undertaking has broader 
implications in his field, as opposed to being limited to those who participate in his lectures, seminars, 
or workshops. While the Petitioner's plans to provide lectures, seminars, and workshops have merit, 
the record does not sufficiently demonstrate that his teaching or instructional activities offer benefits 
that extend beyond his students or attendees to impact the industrial maintenance filed more broadly. 
Likewise, 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. See id. at 893. 
The Petitioner also claims that his proposed endeavor in industrial equipment, maintenance, and 
manufacturing will broadly impact the manufacturing field because his work will prevent 
interruptions, extend the lifespan of industrial equipment, reduce overall maintenance costs, assure the 
physical safety of American workers, and reduce potential costs regarding the company's liability. 
The record contains an article about 2020 trends in industrial maintenance, summary on industrial 
machinery mechanics, machinery maintenance workers, and millwrights published by U.S. Bureau of 
Labor Statics, and an article about machinery maintenance. 
These articles and industry report provide maintenance issues, the importance of equipment 
maintenance in the manufacturing field, and general information about industrial machinery 
mechanics, machinery maintenance workers, and millwrights. However, 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 specific endeavor that the foreign national proposes to 
undertake. See id at 889. As such, the Petitioner must demonstrate by a preponderance of the evidence 
that his proposed endeavor to work as an industrial maintenance expert is of national importance. 
While we acknowledge the importance of maintenance in the manufacturing field and the significant 
roles industrial machinery mechanics or machinery maintenance workers play in this field, the 
Petitioner has not shown that his proposed endeavor would impact the manufacturing field more 
broadly rather than benefiting his employer or clients. 
In addition, the Petitioner states that employment of industrial machinery mechanics, machinery 
maintenance workers, and millwrights is projected to grow 14% from 2021 to 2023 and that about 
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53,200 openings for industrial machinery mechanics, machinery maintenance workers, and 
millwrights are projected each year over the decade. The Petitioner also states that U.S. manufacturing 
firms continue to experience a shortage of skilled workers in industrial maintenance. The Petitioner 
contends that he intends to join forces as an industrial maintenance expert and diminish the talent 
shortage. The Petitioner previously submitted summary on industrial machinery mechanics, 
machinery maintenance workers, and millwrights published by U.S. Bureau of Labor Statics, 2021 
United States manufacturing facts, an article about a talent shortage in the maintenance industry, an 
article about tackling an industrial maintenance technicians shortage, and an article about transforming 
society's perception of maintenance. 
While the industry reports and articles highlight talent shortages in the maintenance industry and in 
the manufacturing field, the U.S. Department of Labor addresses worker shortages through the labor 
certification process. Therefore, a shortage of qualified professionals alone is not sufficient to 
demonstrate eligibility for the national interest waiver. See Dhanasar, 26 I&N Dec. at 885. 
Furthermore, the Petitioner asserts that his proposed endeavor has a significant potential to employ 
U.S. workers or has substantial positive economic effects because his work will result in accelerating 
the production and robotization of production lines, achieving better productivity and quality, 
promoting efficiency, improving the economy, creating more jobs, increasing the overall tax revenue 
of the United States, and substantially impacting several business sectors in the country. The Petitioner 
explained in his professional plan that as a professional in electrical and automation systems, he will 
perform functions within several sectors, such as automotive, metallurgy, residential, and electronics, 
from the elaboration of technical drawings and logic diagrams to the calibration of machines in the 
field. He added that he is essential for the automotive industry because he will help companies 
automate production processes by developing projects, hardware installation, and software 
programing for "PLC" and robotics. 
In Dhanasar, we stated that an endeavor that has a 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. See id. at 890. While we acknowledge 
the Petitioner's experience in the automotive industry and expertise in electrical and automation 
systems, he has not offered sufficient information and evidence to support that his employer or clients 
would employ a significant population of workers in an economically depressed area or that his 
endeavor would offer a particular U.S. region or its population a substantial economic benefit through 
employment levels or business activity. Nor has the Petitioner demonstrated that any increase in his 
employer's or clients' revenue attributable to his services as an industrial maintenance expert stands 
to substantially affect economic activity regionally or nationally. The Petitioner has not established 
the claimed fact with unsupported testimonial evidence alone. See Matter ofSoffici, 22 I&N Dec. 158, 
165 (Assoc. Comm'r 1998) (stating that simply going on record without supporting documentary 
evidence is not sufficient for purposes of meeting the burden of proof in these proceedings). 
The Petitioner claims that his proposed endeavor will broadly enhance societal welfare or cultural 
enrichment because his maintenance practices can help extend the useful life of the plant and 
machinery, minimize the loss due to production stoppages, ensure operational readiness of the 
equipment required for emergency purposes, minimize workplace hazards and improve safety 
standards, and help improve the operational efficiency of the plant and the quality of products. 
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While we acknowledge the importance of maintenance in industrial plants, the Petitioner has not 
shown how his maintenance practices would enhance societal welfare or cultural enrichment rather 
than benefiting the industrial plant for which he will provide services as an industrial maintenance 
expert. As stated above, in Dhanasar, we indicated that we look for broader implications of the 
proposed endeavor and that an undertaking may have national importance, for example, because it has 
national or even global implications within a particular field. See Dhanasar, 26 I&N Dec. at 889. 
The Petitioner has not otherwise provided sufficient information and evidence to demonstrate the 
prospective impact of his proposed endeavor rises to the level of national importance. 
Lastly, the Petitioner claims that his proposed endeavor will impact a matter that a government entity 
has described as having national importance or its subject of national initiatives. The Petitioner 
further states that the Biden administration's 2022 national strategy for advanced manufacturing 
indicates the national importance of engineering based on a vision for U.S. leadership in advanced 
manufacturing that will grow the economy, create quality jobs, enhance environmental sustainability, 
address climate change, strengthen supply chains, ensure national security, and improve healthcare. 
The Petitioner adds that this vision will be achieved by developing and implementing advanced 
manufacturing technologies that he can help to further these goals. 
As indicated above, 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 specific 
endeavor that the foreign national proposes to undertake. See id. at 889. The 2022 national strategy 
for advanced manufacturing indicates the importance of advanced manufacturing for the U.S. 
economy, national security, healthcare, and environment. But, for example, the Petitioner has not 
sufficiently demonstrated how his proposed endeavor as an industrial maintenance expert will help 
grow the economy, create quality jobs, enhance environmental sustainability, address climate change, 
strengthen supply chains, ensure national security, or improve healthcare. The Petitioner has not 
shown that his proposed endeavor would impact the U.S. economy, national security, healthcare, or 
environment more broadly rather than benefiting his employer or clients in the areas of electrical, 
hydraulic, and industrial maintenance. As such, he has not shown that the prospective impact of his 
proposed endeavor rises to the level of national importance. Unfortunately, without sufficient 
documentary evidence of its broader impact, the Petitioner's proposed work does not meet the national 
importance element of the first prong of the Dhanasar framework. 
Because the documentation in the record does not sufficiently demonstrate the national importance of his 
proposed endeavor as required by the first prong of the Dhanasar precedent decision, the Petitioner has 
not established eligibility for a national interest waiver. Therefore, further analysis of his eligibility under 
the second and third prongs outlined in Dhanasar, would serve no meaningful purpose, and we will 
reserve these issues for future consideration should the need arise. 4 
4 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 of L-A-C-, 26 l&N Dec. 516, 526 n.7 (BIA 
2015) ( declining to reach alternate issues on appeal where an applicant is otherwise ineligible). 
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III. CONCLUSION 
The Petitioner has not established by a preponderance of the evidence that, as a matter of discretion, 
he is eligible for or otherwise merits a national interest waiver because he has not shown that his 
proposed endeavor is of national importance. 
The appeal will be dismissed for the above-stated reasons, with each considered as an independent 
and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
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