dismissed EB-2 NIW Case: Metallurgical Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-R-R-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 21,2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a metallurgical engineer, 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) section 203(b)(2), 8 U.S.C. § 1153(b)(2). After the petitioner has established eligibility for 
EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of 
discretion, 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 offer and thus of a labor 
certification. Matter of Dhanasar, 26 I&N Dec. 884 (AAO 20 16). 
The Director of the Nebraska Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, finding that the Petitioner qualified for classification as a member of the professions 
holding an advanced degree, but that she 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 submits a brief and argues that she is eligible for a national interest waiver 
due to her skills, achievements, expertise, and experience in metallurgy. In May 2017, we issued a 
request for evidence (RFE) asking the Petitioner to provide evidence satisfying the three-part 
framework set forth in Dhanasar. In response, she provides further evidence and contends that she 
is eligible for a national interest waiver under the Dhanasar framework. 
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. 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. 
Matter of L-R-R-
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 recently 
set forth a new framework for adjudicating national interest waiver petitions. See Dhanasar, 26 I&N 
Dec. 884.1 Dhanasar states that after EB-2 eligibility has been established, USCIS may, as a matter 
of discretion, grant a national interest waiver when the below prongs are met. 
The first prong, substantial merit and national importance, 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 inodel 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 
1 
In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department (}( 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm 'r 1998) (NYSDOT). 
2 
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Matter of L-R-R-
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 offer or for the petitioner to obtain a labor certification; whether, 
even assuming 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? 
II. ANALYSIS 
The Director found that the Petitoner qualifies as a member of the professions holding an advanced 
degree.3 The sole 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. 
Since February 
2016, the Petitioner has worked as a metallurgical engineer for 
a manufacturer of premium steel wire and wire products. From January 2008 until 
June 2015, she was employed as a principal mechanical engineer at an engmeenng 
company that provides project delivery 
and consulting services in the oil and gas industry. In 
addition, prior to her graduate studies at the from August 2004 to 
June 2007, she served as military officer and 
metallurgist engineer for the 
A. Substantial Merit and National Importance of the Proposed Endeavor 
The Petitioner proposes to continue her work for as a metallurgical engineer. 4 
According to her Form ETA-750B, Statement of Qualifications of Alien, and a letter from 
general manager, the Petitioner's duties include performing metallurgic and 
mechanical laboratory analyses for rod material and wire products, evaluating material from rod 
suppliers, designing and planning a new galvanizing plant for the company's California operations, 
and preparing for the arrival of a new mesh machine. Her proposed work also involves conducting 
fracture mechanics and failure analysis for nonconforming products, serving as lead auditor for 
transitioning to the quality 
management system, performing high tensile strength mesh testing, and conducting plant operators' 
training. 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 The Petitioner received a master of science degree in mechanical engineering from the m 
June 2007. 
4 
As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for her to have a job offer 
from a specific employer. However, we will consider information about this prospective position to illustrate the 
capacity in which she intends to work. 
3 
.
Matter of L-R-R-
states that the Petitioner's "contributions for new technology implementation, quality 
assurance, and safety will assure 
success to our future products and projects." We find that the 
Petitioner's proposed metallurgical engineering work has substantial merit, as it is aimed at suppmting 
pursuit of new products, enhancing company production protocols, and updating its 
manufacturing methods. 
To evaluate whether the Petitioner ' s work satisfies the national importance requirement, we 
requested evidence documenting the "potential prospective impact" of her work. Specifically, we 
requested documentation demonstrating that her proposed work has broader implications for the 
metallurgical engineering field or the steel and wire industry. 
In response, indicates that "is currently planning to extend our reach further 
into U.S. markets and also internationally. We produce about 4,
500 tons of wire and wire 
products a month to fulfill the needs of USA companies in the fields of: construction, oil and gas, 
aerospace, mining, industrial, and agricultural. " further states that the Petitioner is a 
valuable asset for his company, a national leader in "wire and wire products, " and that "[s]he is 
directly impacting in a positive way our customers in the fields of construction, oil and gas, 
aerospace, mining, industrial and agricultural." 
In addition, counsel's brief in response to our RFE asserts that the Petitioner "will substantially benefit 
prospectively the national interest of the United States in defense matters and oil and gas extraction." 
For example, it indicates that she has capacity to work as a "research consultant" for the oil and gas 
industry, 
she argues that "[t]he country needs experts capable of promoting the design and construction 
of refineries that produce. the lowest ecological impact possible by reducing emission and contamination 
to the air." The brief further states that her consulting work for refineries will improve efficiency, 
increase production, reduce costs, and maximize plant operations. 
Regarding the Petitioner's capacity to serve the defense aviation industry, counsel contends that "she 
can work as a consultant and researcher opening new avenues of investigation in the aerospace 
materials field that will serve this country in safety, security, and transportation." He adds that her work 
as a "researcher" will contribute to "the development of more complex light alloy composite materials 
for innovative applications involving magnetic properties, low density, and reduced fabrication costs to 
be used in aviation and aerospace structures." 
This prong of Dhanasar, substantial merit and national importance , focuses on "the specific 
endeavor that the foreign national proposes to undertake." Id. at 889. In the present matter, while 
counsel's most recent brief references the Petitioner's ability to work as a consultant, it does not 
provide sufficient details about the capacity in which she would do so to demonstrate the potential 
implications of such work. Further, counsel's remarks are inconsistent with other statements and 
evidence in the record, including the initial appeal brief and a personal statement from the Petitioner , 
all of which reflects that she will work for as a metallurgical engineer. 5 The submitted 
5 Assertions of counsel do not constitute evidence. Matter of Obaigbe~a, 19 l&N Dec. 533, 534 n.2 (BIA 1988) (citing 
4 
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Matter of L-R-R-
evidence does not indicate that her specified endeavor for this company involves working as a 
"research consultant" for the oil and gas industry or as a "consultant and researcher" in the defense 
aviation industry. As such, we will evaluate the national importance of the Petitioner's proposed 
endeavor working as a metallurgical engineer. 
The Petitioner has not established that her proposed work for has implications beyond 
her company and its customers at a level sufficient to establish the national importance of her 
endeavor. 6 While indicates that the Petitioner ' s work "will affect the variety of national 
industries" served by the record does not show that the specific work she proposes to 
undertake offers original innovations that advance the steel and wire industry, or otherwise has 
broader implications in the field of metallurgical engineering. Moreover , as discussed above, the 
record does not corroborate the assertion that the Petitioner's proposed endeavor stands to 
"substantially benefit prospectively the national. interest of the United States in defense matters and oil 
and gas extraction." As the Petitioner has not established that her specific endeavor's prospective 
impact 
supports a finding of national importance , she has not met the first prong of the Dhanasar 
framework . 
B. Well Positioned to Advance the Proposed Endeavor 
The second prong shifts the focus .from the proposed endeavor to the Petitioner's qualifications. The 
Petitioner submitted evidence of her graduate research work (an article in 
and her master's thesis) and documentation of seven articles that cited to her 
findings. 
1 
She also offered reference letters from colleagues discussing her research projects at 
and her work experience in the field of metallurgical engineering. In response to our RFE, the 
Petitioner provides the aforementioned letter from a letter from human 
resources and payroll manager describing the process through which the Petitioner was selected for 
her current position, an updated resume, and copies of recommendation letters that were previously 
submitted. Additionally, she submits a letter discussing her academic background, work experience, 
and personal information about her family situation. 
As discussed below, we find that the Petitioner's past experience in metallurgical engineering renders 
her well positioned to advance her proposed endeavor aimed at supporting production 
and manufacturing initiatives. For example, describes the Petitioner as "an experienced 
professional in the metallurgy and mechanical engineering fields" and states that she "has been a truly 
Matter of Ramirez-Sanchez, 17 l&N Dec. 503, 506 (BlA 1980)). Counsel's statements must be substantiated in the 
record with independent evidence, which may include affidavits and declarations. 
6 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. !d. at 893. While emphasizes his 
company's position as "the leader and largest producer of premium steel wire and wire products in [the] USA," the 
record does not demonstrate that an impact on this single company and its projects necessarily equates to a broader 
impact on the industry , or otherwise has broader implications in the field of metallurgical engineering. 
7 She also asserted that she presented her graduate work at three scientific conferences , but the record does not include 
documentary evidence to support her claim. 
5 
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Matter of L-R-R-
valuable asset for our organization." further indicates that she evaluated and determined 
~'applicability for around 1 00 tons of high carbon and low carbon steel rod material that was 
imported ... from Chile and Peru." In addition, he contends that was seeking "an expert 
in Metallurgy with key areas of experience in lab research, quality control, materials test, and who 
was bilingual in English-Spanish" and that the Petitioner was "the only Engineer that fulfilled all of 
?ur requisites in education and diverse expertise." 
In addition to her work for the record includes letters discussing the Petitioner's 
graduate research at For instance, her thesis advisor, director of the 
indicated she developed "a new technique to obtain a brand 
new composite made of aluminum and magnesium diboride" as part of her graduate studies. He 
further noted that the Petitioner "set up a reproducible and reliable method to fragment via high­
energy ball milling, metal-based diboride partiCles for a number of applications" and that her 
"method proved adaptable to many other diboride particles." 8 
The record includes additional recommendation letters describing her work as a mechanical engineer 
for materials applications team and as a metallurgist engineer for the 
The evidence discussed above is sufficient to demonstrate that the Petitioner is well 
positioned to advance her proposed endeavor of supporting production and 
manufacturing projects.9 Accordingly, she has established that she satisfies the second prong of the 
Dhanasar framework. 
C. Balancing Factors to Determine Waiver's Benefit to the United States 
As explained above, 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. Here, the Petitioner claims that she is eligible for a waiver due to her knowledge and 
experience, the impracticality of labor certification, and a lack of qualified U.S. workers for her 
current position. However, as the Petitioner has not established the national importance of her 
proposed endeavor as required bythe first prong of the Dhanasar framework, she is not eligible for a 
8 Although the Petitioner's graduate work at involved investigation and development of a new metallurgy 
technique, we note that her proposed endeavor at is not focused on conducting original research . 
Nevertheless, had the Petitioner demonstrated that she would be primarily engaged in metallurgy research, the Petitioner 
has not shown that her metallurgy research constitutes a record of success or progress in her field, or a has garnered 
degree of interest in her work from relevant parties, that rises to the level of rendering her well positioned to advance 
such an endeavor. 
9 While we find that the Petitioner is well positioned to support production and manufacturing operations, 
the evidence is not sufficient to demonstrate that her past work there has affected the metallurgical engineering field 
beyond her company's projects, or that she has otherwise been integral to advancing product or process innovations that 
have garnered significant interest in the steel and wire industry. Therefore, had the Petitioner met the first prong by 
demonstrating that her proposed endeavor has broader implications in her field (such as by influencing manufacturing 
practices in the metallurgical engineering field or developing innovative production methods that affect her industry) , the 
record does not show that her background and progress in those broader endeavors render her well positioned to advance 
them. 
6 
Matter of L-R-R-
national interest waiver and further discussion of the balancing factors under the third prong would 
serve no meaningful purpose. 
Ill. CONCLUSION 
As the Petitioner has not met the requisite three prongs set forth in the Dhanasar analytical framework, 
we find that she has not established eligibility for or otherwise merits a national interest waiver as a 
matter of discretion. 
ORDER: The appeal is dismissed. 
Cite as Matter ofL-R-R-, ID# 448049 (AAO Aug. 21, 2017)