dismissed EB-2 NIW Case: Law Enforcement

MATTER OF R-H-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 17,2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a legal processor for a district attorney's office, seeks classification as an individual 
of exceptional ability. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. 
§ 1153(b )(2). The Petitioner also seeks a national interest waiver of the job offer requirement that is 
normally attached to this immigrant classification. See § 203(b)(2)(B)(i) of the Act, 8 U.S.C. 
§ 1153(b)(2)(B)(i). U.S. Citizenship and Immigration Services may grant this discretionary waiver 
I 
of the required job offer, and thus of a labor certification, when it is in the national interest to do so. 
The Director of the Nebraska Service Center denied the petition, 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 a job offer requirement would be in the national interest. 
On appeal, the Petitioner contends that he is an individual of exceptional ability and that his work as a 
legal processor is in the national interest. 
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 visa classification, as either an advanced degree professional or an individual of 
exceptional ability in the sciences arts or business. Because this classification normally 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 states, in pertinent part: 
(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 
Matter of R-H-
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 1 may, ~hen 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)(3)(ii) sets forth the following six evidentiary criteria, of which 
an individual must meet at least three in order to qualify as an alien of exceptional ability in the 
sciences, the arts, or business: 
(A) An official academic record showing that the alien has a degree, diploma, 
certificate, or similar award from a college, university, school, or other institution of 
learning relating to the area of exceptional ability; 
(B) Evidence in the form ofletter(s) from current or former employer(s) showing that 
the alien has at least ten years of full-time experience in the occupation for which he 
or she is being sought; 
(C) A license to practice the profession or certification for a particular profession or 
occupation; 
(D) Evidence that the alien has commanded a salary, or other remuneration for 
services, which demonstrates exceptional ability; 
(E) Evidence of membership in professional associations; or 
(F) Evidence of recognition for achievements and significant contributions to the 
industry or field by peers, governmental entities, or professional or business 
organizations. 
1 Pursuant to section 1517 ofthe Homeland Security Act of2002 ("HSA"), Pub. L. No. 107-296, 116 Stat. 2135,2311 
(codified at 6 U.S.C. § 557 (2012)), any reference to the Attorney General in a provision of the Act describing functions 
that were transferred from the Attorney General or other Department of Justice official to the Department of Homeland 
Security by the HSA "shall be deemed to refer to the Secretary" of Homeland Security. See also 6 U.S.C. § 542 note 
(2012); 8 U.S.C. § 1551 note (2012). 
2 
.
Matter of R-H-
Only those who demonstrate "a degtee of expertise significantly above that ordinarily encountered" 
are eligible for classification as individuals of exceptional ability. 8 C.F.R. § 204.5(k)(2). 
II. ANALYSIS 
The record reflects that the Petitioner is currently working in the field of law enforcement as a legal 
processor for the District Attorney's otlice , in California. He seeks 
eligibility as an individual of exceptional ability based upon his work in law enforcement. The Director 
found that the Petitioner meets the criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A) as he earned a bachelor's 
degree in criminal justice but that he did not meet any of the 
remaining relevant evidentiary criteria. On appeal, the Petitioner maintains that the Director 
"overlooked" evidence in the record and requests a "fair and thorough review" of the appeal and 
evidence. 
We have reviewed the record in its entirety. As discussed below, we find the evidence does not 
establish that the Petitioner meets at least three of the six regulatory criteria at 8 C.F.R. 
§ 204.5(k)(3)(ii). 
A. Evidentiary Criteria for Exceptional Ability 
An official academic record showing that the alien has a degree, diploma, cert~ficate, 
or similar award from a college, university, school, or other institution of learning 
relating to the area of exceptional ability. 8 C.F.R. § 204.5(k)(3)(ii)(A). 
The Petitioner submits an official academic record showing that, in 2014, he earned a bachelor of 
science in criminal justice from Accordingly, we agree with 
the Director that the Petitioner has established that he meets this regulatory criterion. 
Evidence in the form of letter(s) from current or former employer(s) showing that the 
alien has at least ten years offull-time experience in the occupation for which he or she 
is being sought. 8 C.F.R. § 204.5(k)(3)(ii)(B) 
The Petitioner did not submit evidence of this criterion. 
A license to practice the profession or certification for a particular profession or 
occupation . 8 C.F.R. § 204.5(k)(3)(ii)(C). 
The Petitioner indicates that he meets this criterion based upon his receipt of a certificate of 
achievement in law enforcement from The certificate reflects that he 
completed an occupational training program consisting of 18 credit hours, but it is not a license to 
practice or a certification for a profession or occupation. Thus, he does not meet this criterion. 
3 
.
Matter of R-H-
Evidence that the alien has commanded a salary, or other remuneration for services, 
which demonstrates exceptional ability. 8 C.F.R. § 204.5(k)(3)(ii)(D). 
The Petitioner provided paycheck receipts indicating that he earned $1,685.00 biweekly for several 
months in 2015, and asserted that his salary is indicative of his exceptional ability because he earns "the 
maximum amount allowed for a legal processor position." He does not offer comparative statistics or 
other evidence to support this assertion, and he acknowledges on appeal that his salary evidence does 
not demonstrate exceptional ability. Accordingly, the Petitioner has not established that he meets this 
regulatory criterion. 
Evidence of membership in professional associations. 8 C.F.R. § 204.5(k)(3)(ii)(E). 
The Petitioner offers a membership certificate in the awarded 
while he was a student at He did not provide the membership 
requirements or otherwise indicate that the association is for professionals and not criminal justice 
students. He also seeks eligibility under this criterion based upon his membership in the 
Employees' Retirement Association. He did not, however, offer sufficient evidence indicating that this 
organization qualifies as a professional association. For these reasons, the Petitioner has not 
demonstrated that he meets this regulatory criterion. 
Evidence of recognition for achievements and sign(ficant contributions to the industry 
or field by peers, governmental entities, or professional or business organizations. 
8 C.F.R. § 204.5(k)(3)(ii)(F). 
The Petitioner contends that he meets this criterion based upon his receipt of two commendation letters 
from the Board of Supervisors in recognition for his work as a legal support intern. The 
resolutions note that the Petitioner has been a "valuable asset" to and that he has 
demonstrated "exemplary dedication." The Petitioner has not established that his work as a legal 
support intern provided to a county prosecutor's office constitutes "achievements and significant 
contributions to the industry or field." While both commendations are complementary of the 
Petitioner's work, they do not explain how he has made significant contributions to the field of 
criminal justice beyond his work as an intern for the county prosecutor's office. While the Petitioner 
has established that he achieved successful job performance and performed commendable work for 
his employer, he has not documented how his work represents achievements and significant 
contributions to the industry or field as required. 
Accordingly, the evidence does not establish that the Petitioner meets at least three of the six 
regulatory criteria at 8 C.F.R. § 204.5(k)(3)(ii). Further, a review of the record in the aggregate does not 
support a finding that he has achieved the level of expertise required for exceptional ability 
classification. · 
4 
Matter of R-H-
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. As previously outlined, in order to 
qualify for a national interest waiver, the Petitioner must first show that he qualifies for classification 
under section 203(b )(2)(A) of the Act as either an advanced degree professional or an individual of 
exceptional ability. The Petitioner does not claim, nor does the record demonstrate, that he is an 
advanced degree professional and, as discussed above, he has not shown that he is eligible for 
classification as an individual of exceptional ability. As the Petitioner has not established eligibility 
for the underlying immigrant classification, the issue of the national interest waiver is moot. 
III. CONCLUSION 
The Petitioner has not demonstrated that he qualifies for classification as an individual of exceptional 
ability under section 203(b)(2)(A) of the Act. 
ORDER: The appeal is dismissed. , 
Cite as Matter ofR-H-, ID# 590379 (AAO July 17, 2017) 
.0 
5