dismissed EB-2 NIW Case: Mechanical Engineering

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JAN. 8, 2024 In Re: 29224957 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a mechanical engineer, seeks classification as a member of the professions holding an 
advanced degree. 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 
attached to this EB-2 immigrant classification. See section 203(b )(2)(B)(i) of the Act, 8 U.S.C. 
§ 1153(b )(2)(B)(i). U.S. Citizenship and Immigration Services (USCIS) may grant this discretionary 
waiver 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 Texas Service Center denied the petition. The Director did not indicate whether 
the Petitioner qualifies for classification as a member of the professions holding an advanced degree. 
However, the Director concluded that the Petitioner had not established that a waiver of the required 
job offer, and thus of the labor certification, 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 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christa '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 a member of the professions holding an advanced 
degree 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. 
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). Dhanasar states that, after a petitioner has established 
eligibility for EB-2 classification, USCIS may, as a matter of discretion, grant a national interest 
waiver if the petitioner demonstrates: (1) that the noncitizen's proposed endeavor has both substantial 
merit and national importance; (2) that the noncitizen 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. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
noncitizen 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. 
See Matter ofDhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
II. ANALYSIS 
As noted above, the Director did not indicate in the decision whether the Petitioner qualifies for 
classification as a member of the professions holding an advanced degree. However, in a prior request 
for evidence (RFE), the Director specifically concluded that "the [P]etitioner failed to demonstrate 
that he is eligible for classification as a professional holding an advanced degree as of the priority 
date." The Director farther noted in the RFE, "If you are not an advanced degree professional, then 
you must establish that you are an alien of exceptional ability," as required by section 203(b )(2) of the 
Act." The Director did not address whether the record satisfies exceptional ability criteria in the 
alternative. Furthermore, the record does not clarify why the Director addressed whether the Petitioner 
may qualify for a national interest waiver if he was ineligible for second-preference classification, as 
indicated in the RFE. 
Because we nevertheless find that the record does not establish that a waiver of the requirement of a 
job offer, and thus of a labor certification, would be in the national interest, we reserve our opinion 
regarding whether the Petitioner satisfies second-preference eligibility criteria. See id.; see also 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"); Matter ofL-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). 
Initially, the Petitioner described the endeavor as a plan "to work in the United States as a mechanical 
engineer in the mechanical engineering industry." The Petitioner elaborated that he intends "to create 
a mechanical and electrical maintenance services company, equipment such as fillers, tanks, sealers, 
packaging machines, and air conditioning in mass consumption companies as well as the remodeling 
of commercial premises, offices, apartments, and electrical installations." He asserted that his 
endeavor: 
has the potential to help companies by improving the production side of projects which 
contributes to areas of national interest, such as business growth, increased tax revenue 
and job creation and quality of life, safer public transit and infrastructure, protection 
and improvement of the environment, help advance government goals related to 
infrastructure/advancement in the field of STEM. 
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A professional plan submitted at the time of filing the Form I-140, Immigrant Petition for Alien 
Workers, provides generalized information regarding mechanical engineering and economic sectors 
that use mechanical engineering services. However, the professional plan omits details regarding the 
Petitioner's proposed endeavor, such as the location where he intends to create his mechanical and 
electrical maintenance services company, the location(s) in which the company would operate, the 
number of employees the Petitioner intends to hire, the duties those unspecified employees would 
perform, the wages the Petitioner's company would pay those employees, and other information that 
may inform whether the proposed endeavor may have national importance. 
In response to the Director's RFE, the Petitioner resubmitted a copy of the professional plan, and he 
reiterated generalized information regarding mechanical engineering services. He described his 
qualifications to work as a mechanical engineer and the benefits of mechanical engineering projects 
in general; however, the RFE response did not elaborate on how the specific endeavor he proposes to 
undertake may have national importance. 
The Director provided contradicting statements regarding whether the proposed endeavor may have 
national importance. The Director stated that "[the Petitioner] submitted sufficient evidence to 
establish that his proposed endeavor has substantial merit and is of national importance." However, 
the Director also concluded that "[t]he prospective potential impact of his proposed endeavor has not 
been shown to have broader implications to the overall field so as to establish its national importance." 
The Director added that, "[i]n this case, the [P]etitioner has not shown that his level of employment 
will have the potential to provide substantial positive economic effects to the region his business is 
located or to the nation." The Director specifically concluded, "the [P]etitioner has not shown that 
[the] proposed endeavor meets the 'national importance' element of the first prong of the Dhanasar 
framework." 
On appeal, the Petitioner generally reasserts, in relevant part, that the "proposed [ e ]ndeavor has both 
substantial merit and national importance." However, the Petitioner does not elaborate on how the 
record establishes the proposed endeavor may have national importance. 
In determining national importance, the relevant question is not the importance of the industry, field, 
or profession in which an individual will work; instead, to assess national importance, we focus on the 
"specific endeavor that the [ noncitizen] proposes to undertake." See Matter of Dhanasar, 26 I&N 
Dec. at 889. Dhanasar provided examples of endeavors that may have national importance, as 
required by the first prong, having "national or even global implications within a particular field, such 
as those resulting from certain improved manufacturing processes or medical advances" and endeavors 
that have broader implications, such as "significant potential to employ U.S. workers or has other 
substantial positive economic effects, particularly in an economically depressed area." Id. at 889-90. 
We have reviewed the record in its entirety and, although we acknowledge that the proposed endeavor 
of founding a mechanical services company has substantial merit in general, the record does not 
establish how the proposed endeavor may have national importance, as required by the first Dhanasar 
prong. See id. As noted above, the professional plan omits details regarding the Petitioner's proposed 
endeavor, such as the location where he intends to create his mechanical and electrical maintenance 
services company, the location(s) in which the company would operate, the number of employees the 
Petitioner intends to hire, the duties those unspecified employees would perform, the wages the 
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Petitioner's company would pay those employees, and other information that may inform whether the 
proposed endeavor may have national importance. Although the Petitioner addressed his 
qualifications and prior experience, which are material to the second Dhanasar prong, neither the 
professional plan nor the remainder of the record establishes how the Petitioner's upstart mechanical 
and electrical maintenance services company may have national or even global implications within 
the field of mechanical engineering, or any other field, "such as those resulting from certain improved 
manufacturing processes or medical advances," contemplated by the first Dhanasar prong. Id. In 
tum, without probative evidence of details such as the location( s) in which the company would operate, 
the number of employees the Petitioner intends to hire, and the wages the Petitioner's company would 
pay those employees, the record does not establish how the proposed endeavor may have "significant 
potential to employ U.S. workers or has other substantial positive economic effects, particularly in an 
economically depressed area." Id. Based on the foregoing, we withdraw the Director's statements to 
the extent they indicate the record contains sufficient evidence that the proposed endeavor may have 
national importance. 
In summation, the Petitioner has not established that the proposed endeavor has national importance, 
as required by the first Dhanasar prong; therefore, he is not eligible for a national interest waiver. See 
id. We reserve our opinion regarding whether the record satisfies the second or third Dhanasar prong. 
See Bagamasbad, 429 U.S. at 25; see also Matter ofL-A-C-, 26 I&N Dec. at 526 n.7. As noted above, 
we also reserve our opinion regarding whether the record establishes the Petitioner is eligible for 
second-preference classification. See id. 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we 
conclude that the Petitioner has not established eligibility for, or otherwise merits, a national interest 
waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
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