dismissed EB-2 NIW Case: Petroleum Geology

U.S. Citizenship 
and Immigration 
Services 
InRe : 24187241 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 19, 2023 
Form I-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner , a self-employed petroleum geologist, seeks classification as a member of the 
professions holding an advanced degree . Immigration and Nationality Act(the Act) section 203(b )(2), 
8 U.S.C. § 1153(b)(2). ThePetitioneralsoseeksanationalinterestwaiverofthejobofferrequirement 
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 Nebraska Service Center denied the petition, concluding that the Petitioner 
qualified for classification as a member of the professions holding an advanced degree but that the 
Petitioner had not established that a waiver of the required job off er, 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. 
MatterofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo '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 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. 
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. 8 84 (AAO 2016). 1 Dhanasar states that, after a petitioner has established 
1 In announcing this new framework, we vacatedourpriorprecedent decision,MatteroJNew York State Dep 't oJTransp., 
22 I&NDec . 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
eligibility for EB-2 classification, USCIS may, as a matter of discretion, grant a national interest 
waiver if the petitioner demonstrates: (I) 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 off er and thus of a labor certification. 
The first prong, substantial merit and national impmiance, focuses on the specific endeavor that the 
non citizen 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 noncitizen. 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 noncitizen's 
qualifications or the proposed endeavor, it would be impractical either for the noncitizen to secure a 
job off er or for the petitioner to obtain a labor certification; whether,even assumingthatotherqualified 
U.S. workers are available, the United States would still benefit from the noncitizen's contributions; 
and whether the national interest in the noncitizen'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. 2 
II. ANALYSIS 
The Director found 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 of a labor certification, would be in the national interest 
Specifically, the Director found that the "proposed endeavor has substantial merit and national 
importance," as required by the first Dhanasar prong, but that the record does not establish that the 
Petitioner "is well positioned to advance the endeavor or on balance, it would be beneficial to the 
United States to waive the requirements of a job offer and thus of a labor certification," as required by 
the second and third Dhanasarprongs, respectively. See Dhanasar, 26 I&N Dec. at 88 8-91. For the 
reasons discussed below, the Petitioner has not established that a waiver of the requirement of a job 
off er is warranted. 
The Petitioner described the endeavor as "coming to the United States to work in the field of 
[p ]etroleum [g]eology." She asserted that she has "12 years of experience and robust background in 
2 SccDhanasar, 26l&NDec. at 888-91, for elaboration on these three prongs. 
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the field of petroleum and drilling, especially in well drilling control engineering, 3D/2D geological 
modeling, and positional environment interpretation." She further noted that she "has been awarded 
several times for her outstanding research work and projects." The Petitioner discussed her prior work 
experience, the petroleum industry in general, and the "national importance of the oil and gas industry 
in USA." However, the Petitioner did not elaborate on what the specific endeavor of working in the 
field of petroleum geology would entail and how the endeavor, rather than the industry in generaL 
would 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 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 note that, in addition to the Petitioner's omission ofa description of her proposed endeavor, other 
documents in the record do not establish what the proposed endeavor would be and how it would have 
national importance. For example, the record contains a letter of recommendation from the former 
chief executive officer ofl I PLC, dated December 2015. The letter, addressed to whom it may 
concern, attests to why the Petitioner "will be highly recognized in your graduate program" but it does 
not describe the endeavor the Petitioner proposed to pursue in connection with her Form I-140, 
Immigrant Petition for Alien Worker, filed in 2020, and howthe specific endeavorwouldhavenational 
importance. The record contains similar letters dated November 2015 that also do not address the 
endeavor the Petitioner proposed to pursue in 2020 and how it would have national importance, as 
required by the firstDhanasarprong. See id. at 889-90. 
We acknowledge that the record contains more recent letters of recommendation, dated December 
2020, from the program manager for digital transformation at 
LLC, and from a former coworker at the I !Science and Technology Center. The letters 
assert that the Petitioner's prior work developing 3D models "became the gold standard for well 
drilling ofl I unconventional deposits in I !Petroleum group of fields" and "laid ground 
for off shore exploration and development" in the arctic shelf. We also note that the record contains a 
letter from a retired petroleum geologist, dated March 2022, that discusses the "potential commercial 
value of the research publications authored or co-authored by [the Petitioner]." However, the letters 
do not address what the Petitioner's specific, prospective endeavor would be and how the endeavor 
would have national importance, as required by the firstDhanasar prong. See id. at 889-90. 
On appeal, the Petitioner submits a copy of an article published by BBC on its website, dated July 
2022, titled "Russia Sanctions: Can the World Cope Without its Oil and Gas?" The Petitioner asserts: 
"With Russia using its natural resources as a means ofleveraging international politics [ as reported in 
the BBC article], increasing domestic natural gas and petroleum production has become a point of 
strategic importance for the United States." The Petitioner further asserts that "Russia's recent 
invasion of Ukraine" and the information about Russia's natural resources reported by BBC "support 
the relevance of [her] education and professional experience in the context of national interest." 
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A petitioner must establish eligibility at the time the petition is filed. See 8 C.F.R. § 103 .2(b )(1 ). A 
visa petition may not be approved based on speculation of future eligibility or after a petitioner or 
beneficiary becomes eligible under a new set of facts. See Matter of Michelin Tire Corp., 17 I&N 
Dec. 248,249 (Reg'l Comm'r 1978). Because the events discussed in the article occurred in 2022, 
after the petition filing date in 2020, it presents a new set of facts that do not establish eligibility. See 
8 C.F.R. § 103.2(b)(l); see also Matter of Michelin Tire Corp., 17 I&N Dec. at 249. Moreover, even 
if the article could establish eligibility, which it does not, the Petitioner does not provide additional 
information on appeal regarding what her specific endeavor would be and how the endeavor, rather 
than the petroleum industry in general, would have national importance. Additionally, the Petitioner's 
references to her education and professional experience in the context of national interest is misplaced. 
An individual's education and professional experience are material to the second Dhanasar prong-­
whether the individual is well positioned to pursue the endeavor-but they are not evidence of what a 
prospective proposed endeavor would be and how it would have national importance, as required by 
the firstDhanasarprong. See Dhanasar, 26 I&N Dec. at 889-91. 
For the reasons discussed above, we withdraw the Director's statement that the proposed endeavor has 
national importance. 
In summation, the Petitioner has not established that the proposed endeavor has national importance, 
as required by the firstDhanasarprong; therefore, she is not eligible for a national interest waiver. 
We reserve our opinion regarding whether the record satisfies the second or third Dhanasar prong. 
See 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"); 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 
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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