dismissed EB-2 NIW Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re : 12332136 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JUNE 10, 2021 
Form I-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner seeks second preference 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 EB-2 classification. See Immigration and Nationality Act (the Act) section203(b)(2), 8 U.S.C. 
§ 1153(b)(2). 
The Director of theNebraskaService Center denied the petition, concluding that the Petitioner qualified 
for classification as a member of the professions holding an advanced degree, but 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 asserts that he is eligible for a national interest waiver. 
In these 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 ofChawathe, 25 I&N Dec. 369,375 (AAO 
2010). 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: 
(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. 
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 (AAO 2016). 1 Dhanasarstates that after a petitioner has established 
eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter 
of discretion 2, 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 off er and thus of a labor certification. 
The first prong, substantial merit and national impmiance, 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 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 off er or for the petitioner too btain a labor ce1iification; whether, even assuming 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 I&NDec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 See also Poursina v. USCJS, No. 1 7-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USC IS' decision to grant or 
deny a nationalinterestwaiverto be discretionaiy in nature). 
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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. 3 
II. ANALYSIS 
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced 
degree. The remaining issue to be determined is whether the Petitioner has established that a waiver of 
the requirement of a job offer, and thus a labor certification, would be in the national interest. 
The Director determined that the Petitioner "failed to provide a detailed description of the proposed 
endeavor." On the Form I-140, Immigrant Petition for Alien Worker, the Petitioner did not complete any 
of the information in Part 6 "Basic Information About the Proposed Employment" or submit the required 
sections of either ETA Form 9089, Application for Permanent Employment Certification, or Form ETA-
7 50 Part B, Application for Alien Employment Certification. In response to the Director's request for 
evidence, the Petitioner provided a "Personal Statement," which indicated that he is "uniquely qualified 
to share knowledge and expertise through a teaching role and/or a management position in a U.S. 
company" and that with a "permanent residence permit, [he] can teach and/or work in any U.S. state 
where it is needed." He also stated that his "next step from [his] Master's in Computer Information 
Systems degree [is] a Ph.D. [in] Leadership in Information Technology" which "will better equip [him] 
to effectively assume a role to combat cyberattacks at a corporate level, working closely with the U.S. 
government cybersecurity programs." The Petitioner also provided a completed ETA-750 Pait B which 
lists the "Occupation in which Alien is Seeking Work" as Business Teachers, Postsecondary. In addition, 
the Petitioner provided a letter from I I which indicated that the Petitioner was 
working as a Financial Data Analyst/ Accountant. 
On appeal, although the Petitioner focuses on his "inten[t] to teach business courses in post-secondazy 
institutions," he fails to address the Director's concerns regarding the proposed endeavor.4 In Dhanasar, 
we held that a petitioner must identify "the specific endeavor that the foreign national proposes to 
undertake." Id. at 889. 
In determining whether an individual qualifies for a national interest waiver, we must rely on the 
specific proposed endeavor 5 to determine whether ( l) it has both substantial merit and national 
3 SeeDhanasar, 26l&NDec. at 888-91, for elaboration on these three prongs. 
4 We note thatthePetitionersubmittedadditional evidence in supportofhis appeal on September 2, 2020. His appeal was 
filed on May 18, 2020. The Petitioner has the burden of proof to establish eligibility for the requested benefit at the time 
of filing. See 8 C.F.R. § I 03.2(6)(1); see also Matter of Katigbak, 14 T&N Dec. 45, 49 (Comm'r 1971) (providing that 
"Congress did not intend that a petition that was properly denied because the beneficia1y was not at that time qualified be 
subsequently approved at a future date when the beneficiaiy may become qualified under a new set of facts."). Iberri:re 
we will not consider evidence, such as the Petitioner'sjobofferto be a volunteer-instructor at the Universityofl I 
that occurred after the date of filing. 
5 It is a !so unclear from the record whether the Petitioner intends to continue his employment as a Financial Data 
Analyst/Accountant. On appeal, the Petitioner states that "[through][m]y job ... as [a] Financial Analyst, I am gaining 
new business experiences and insights significantly useful in teaching a tthe university level." He further states that, "[i]n 
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importance and (2) the foreign national is well positioned to advance it under the Dhanasar analysis. 
Because the Petitioner has not provided consistent information regarding his proposed endeavor, we 
cannot conclude that he meets either the first or second prong, or that he has established eligibility for 
a national interest waiver. 
Even if we were to assume that the Petitioner's specific endeavor is that of a teacher , in Dhanasarwe 
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. Similarly, in this matter, 
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond 
his potential students to impact either his field or the nation 's fiscal condition more broadly at a level 
commensurate with national importance. 
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. Without sufficient informationorevidenceregardingany projected U.S. economic 
impact or job creation attributable to his future work, the record does not show that benefits to the U.S. 
regional or national economy resulting from the Petitioner's endeavor would reach the level of 
"substantial positive economic effects" contemplated by Dhana sar. Id. at 890 . Accordingly , the 
Petitioner 's propo sed work doe s not meet the first prong of the Dhanasar framework. 
Since these issues are dispositive of the Petitioner's appeal , we decline to reach and hereby reseive 
the appellate arguments regarding the remaining issues. See INS v. Bagamasbad, 429 U.S. 24, 25 
(1976) ("court s 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 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. 
the U.S., the opportunity to have more part-time job s simultaneou sly together is possible only to tho se who dare to serze 
the opportune time." 
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