dismissed EB-2 NIW Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re: 23121496 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: DEC. 29, 2022 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, an IT project manager, 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 although the Petitioner 
established her eligibility as a member of the professions holding an advanced degree, the record did 
not establish that a waiver of the job offer requirement would be in the national interest. 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 I&N Dec . 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 l&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. 
An advanced degree is any United States academic or professional degree or a foreign equivalent 
degree above that of a bachelor's degree. A United States 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). 
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 l&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: 
• 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. 
II. ANALYSIS 
The Petitioner is an TT project manager who proposes to work in this occupation for a company in the 
United States. She earned the U.S. equivalent of a master's degree in management of knowledge and 
information technology in 2002 from C-U-B- in Brazil, and has been working in her field since. As 
she has established her eligibility for the EB-2 classification as a member of the professions holding 
an advanced degree, the sole issue on appeal is whether a waiver of the job offer requirement would 
be in the national interest. We conclude that she does not merit a waiver. 
A. Substantial Merit and National Importance 
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. 
Dhanasar, 26 I&N Dec. at 889. 
The Director concluded that the Petitioner's proposed endeavor, working with a U.S. company as an 
IT project manager, was of substantial merit but not of national importance. He stated that the record 
did not show that the impact of her work would extend beyond that of her employer and its clients to 
affect the TT field more broadly. The Director further stated that while the Petitioner submitted 
evidence of a growing demand for IT workers in the U.S., any shortage of workers in an occupation 
and location is addressed by the U.S. Department of Labor through the labor certification process. 
On appeal, the Petitioner the Petitioner first refers to the interest of the U.S. government in STEM 
workforce development, including the unique considerations for those with STEM degrees and 
proposing to work in their fields when adjudicating requests for national interest waivers. See 6 USCIS 
Policy Manual F.5(D)(2), https://www.uscis.gov/policy-manual. While we acknowledge that the 
Petitioner's proposed endeavor is in a STEM field, this section of the USCIS Policy Manual 
emphasizes those endeavors that aim to advance STEM technologies and research, as these may have 
sufficiently broad potential implications. Here, the Petitioner proposes to serve as an IT project 
manager, in which she would work as a subcontractor and manage IT projects for client businesses. 
She states that this would also include training other TT workers and project managers. In addition, 
she asserts that she has developed an innovation through her master's thesis, "Process mapping 
methodology for systems integration." However, much like the petitioner's proposed STEM teaching 
activities involved in Dhansar, here the Petitioner has not shown that her work as a project manager 
1 See also Poursina v. USCJS, 936 F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest 
waiver to be discretionmy in nature). 
2 
in a STEM field would affect the field of IT project management more broadly. Further, while she 
has presented reference letters which indicate that she has successfully used process mapping in her 
previous IT projects, these do not demonstrate that this is her innovation or that the broader field would 
benefit through her use of this methodology. 
The Petitioner also asserts on appeal that this evidence of her previous completion of IT projects in 
the health care, banking, and legal industries shows the regional and national impact of her proposed 
endeavor. But the first prong of the Dhanasar analytical framework focuses on the potential 
prospective impact of the endeavor, whereas her previous work experience is relevant when 
considering whether she is well positioned to advance her endeavor under the second prong. The fact 
that she has managed successful IT projects that involved national or regional systems in the past does 
not show that her proposed endeavor in the United States would be of national importance. 
Finally, the Petitioner provides information about the U.S. job market for IT professionals and states 
that this shows she is entering the market "at a time when the American market needs experienced 
professionals." However, the Petitioner has not shown that the state of the U.S. job market for her 
occupation has bearing on whether her proposed endeavor in that occupation is of national importance. 
As noted by the Director in his decision, the U.S. Department of Labor's labor certification and 
Schedule A processes exist for the hiring of noncitizens in occupations (and locations) where it has 
determined that there are not sufficient qualified and available U.S. workers. 
We agree that the Petitioner has shown that her proposed endeavor is of substantial merit, but per the 
above she has not demonstrated its national importance. She has not therefore established that she 
meets the first prong of the Dhanasar analytical framework. 
B. Well Positioned to Advance the Proposed Endeavor, and Whether on Balance a Waiver Would be 
Beneficial 
Having concluded that the Petitioner did not meet the first prong of the Dhanasar analysis, the Director 
declined to reach the second and third prongs. As the Petitioner is not eligible for a national interest 
waiver, we agree with this approach and will reserve these issues.2 
III. CONCLUSION 
The Petitioner has established her eligibility for the EB-2 immigrant visa classification as a member 
of the professions holding an advanced degree. She has not demonstrated that her proposed endeavor 
is of national importance, and is therefore not eligible for a national interest waiver. Her petition will 
remain denied. 
ORDER: The appeal is dismissed. 
2 See INS v. Bagamasbad, 429 U.S. 24, 25-26 ( 1976) (stating that, like courts, federal agencies are not generally required 
to make findings and decisions unnecessary to the results they reach). 
3