dismissed EB-2 NIW Case: Public Administration And Policy

U.S. Citizenship 
and Immigration 
Services 
MATTER OF J-K-S-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 29, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a public administration and policy professor, 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. § l l 53(b )(2). After a 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 2016). 
The Director of the Nebraska Service Center denied the Form I-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 he 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 asserting that he 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. 
Section 203(b) of the Act sets out this sequential framework: 
Matter ofJ-K-S-
(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 pe1tinent 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. 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 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 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 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Cornrn'r 1998) (NYSD01). 
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Matter ofJ-K-S-
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 Petitoner 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 a labor certification, would be in the national interest. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
The Petitioner indicated that he "intends to work as a Public Administration and Policy Professor" and 
that his "public policy contributions should usher in tremendous municipal improvements" and 
improve "the welfare of the local residents within the United States." He further explained that his 
proposed work "would focus on monetary and human resource assistance to further the humanitarian 
and social/public welfare causes within the United States, initially in the county ofl lin 
the state of California." 
The record includes a ro · ect lan stating that the Petitioner seeks to establish a non-profit organization 
called -.-----,,--,-----,,---r----,r:---in I I to promote projects related to that region. This 
plan indicated that the ·ntends to "serve the people ofl kvho need economic help, 
people with disabilities, and people who have lack of social communication." In addition, his plan 
listed the0's proposed "major projects" as follows: 
• I I Studies as regional studies 
• Service and support for the disabled people in the region 
• Retraining of vocational rehabilitation for the young unemployed people 
• Language training for international students 
* Establishment of study agent for international students 
The Petitioner's plan further stated thatD "will start up the organization with two employees, an [sic] 
full-time employee and an [sic] part-time employee. After one year, we will hire two more employees .... 
As business grows in the future, we will plan to expand our office and hire more employees accordin~ 
Additionally, the c=]project plan indicated that the Petitioner is "an adviser and consultant for L_J 
I I a rehabilitation and assistive technology company in Korea, and that he intends to support 
..._ ___ .....,k plans to establish U.S. branch office." Furthermore, the plan noted that I I 
proposed "to invest a total of 450 thousand dollars for the operation for 3 years" and employ a staff of 
two in year one, three in year two, and four in year three. 
The record contains articles about economic problems, the county's 
partnership withl !Unified School District to meet workforce needs, and U.S. social 
welfare programs. For instance, the Petitioner provided a D 2015 article in the Los Angeles Times, 
entitled identifying that city as the poorest of its size in California 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
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Matter ofJ-K-S-
and discussing its economic problems. In addition, the record includes al I 201 7 article in 
Orange County Register entitled I I 
I This article noted that the cities o~ land I I 
---------------~ "had the smallest slice of top rnng-eamers" and that more 
than half of their residents earned "less than $50,000 per year." The article further indicated that 
I lhad "double digit unemployment in 2016 ... at 13 percent." 
With respect to the national importance of his proposed endeavor, the Petitioner asserted that his work 
is aimed at "achieving sustainable economic growth" in..___ ________ __, an "economically 
depressed region." He claimed that his undertaking "would facilitate the increase of employment rate 
and sustainable economic growth of the communities, which would lead to national economic stability 
in the long rnn." 
The Director determined that the aforementioned articles and the information the Petitioner provided 
about his proposed endeavor were not sufficient to demonstrate its national importance. Specifically, 
the Director concluded that the Petitioner had not shown that his proposed endeavor offers broader 
implications, significant potential to employ U.S. workers, or substantial positive economic effects. 
In addition, the Director indicated that the record did not show that the Petitioner's proposed endeavor 
will broadly advance societal welfare or cultural or artistic enrichment. 
On appeal, the Petitioner maintains that his proposed plan to establishc=J and "revitalize the poverty-
stricken Califomia's ________ ~region" is of national importance. He contends that his 
undertaking focuses on "increasing the rate of U.S. employment and providing vocational education in 
the region." While the record shows the substantial merit of the Petitioner's proposed work, for the 
reasons discussed below, the evidence is not sufficient to demonstrate the national importance of any 
particular community education, disability support, vocational rehabilitation, or language training 
projects he proposed through his establishment ofc=J. 
In determining national importance, the relevant question is not the importance of the industry or 
profession in which the individual will work; instead we focus on the "the specific endeavor that the 
foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. In Dhanasar, we further 
noted that "we look for broader implications" of the proposed endeavor and that "[ a ]n undertaking 
may have national importance for example, because it has national or even global implications within 
a particular field." Id. We also stated that"[ a ]n endeavor that has significant potential to employ U.S. 
workers or has other substantial positive economic effects, particularly in an economically depressed 
area, for instance, may well be understood to have national importance." Id. at 890. 
To evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement 
we look to evidence documenting the "potential prospective impact" of his work. Although the 
Petitioner's statements and D project plan reflect his intention to educate the students and residents 
of I I about their community, provide services for people with low incomes and 
disabilities, and offer vocational training and English language courses, he has not offered sufficient 
information and evidence to illustrate the number of individuals his business plans to train and support 
or to demonstrate that it stands to impact these populations at a level consistent with having national 
importance. Nor has he shown that his particular work would have broader implications for the fields 
of public administration or public policy. 
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Matter ofJ-K-S-
Furthermore, the Petitioner has not demonstrated that the specific endeavor he proposes to undertake 
has significant potential to employ U.S. workers or otherwise offers substantial positive economic 
effects for the region or nation. While the appeal brief mentions past projects in which he participated 
and his plan's focus on increasing the rate of U.S. employment, the record does not include sufficient 
infmmation or evidence regarding any projected U.S. economic impact or significant job creation 
attributable to his proposed organization. 3 The record does not show that benefits to the regional or 
national economy resulting from the Petitioner's projects would reach the level of "substantial positive 
economic effects" contemplated by Dhanasar. Id. at 890. 
Finally, with regard to the Petitioner's teaching duties as a public administration and policy professor, 
while these endeavors have substantial merit, the record does not establish that such work would 
impact the field of education more broadly, as opposed to being limited to his students. Accordingly, 
without sufficient documentary evidence of their broader impact, the Petitioner's teaching duties as a 
professor do not meet the "national importance" element of the first prong of the Dhanasar framework. 
Likewise, 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. Id. at 893. The 
Petitioner's proposed work therefore does not meet the first prong of the Dhanasar framework. 
B. Well Positioned to Advance the Proposed Endeavor 
In addition, for the reasons discussed below, the Petitioner has not demonstrated that he meets the 
second prong of the Dhanasar framework. The second prong shifts the focus from the proposed 
endeavor to the Petitioner. The record includes documentation of his academic credentials, 
employment records, memberships, professional aplointm
1
nts, published articles, and two "Best 
Professor" awards froml I University .4 He also offered evidence of funding 
grants that his projects received in Korea and letters discussing his work as a professor.I I 
planner, and social welfare advocate. Upon review of this evidence, the Director concluded it did not 
establish that the Petitioner is well positioned to advance his proposed endeavor. 
On appeal, the Petitioner states that he "has been putting a great amount of effmis to engage ..... 1 ___ _. 
State University, for diverse international exchange programs." The record includes a 
March 2018 letteL...r_fr_o_m---.-___ .i-----, International Outreach and Recruitment Specialist~ I I 
State University, ating that the university "has been pursuing to enter into a 
partnership arrangement with iversity to start a student exchange program where [ the 
Petitioner] has been acting on behalf o University." 5 I !further indicated that he would 
3 For example, the Petitioner has not derriqnstrated that tbe staffiv, levels proposed in his project plan represent a significant 
improvement in the employment rate for! • lor the United States. 
4 The Petitioner has worked as a professor of public policy, public administration, and social welfare atD from March 
2000 until present. 
5 The Petitioner also provided a March 2018 email froml I indicating that this exchange program involves .... ! __ _. 
accepting a group of 20 students from c=]to paiiicipate in an "Executive Assistant Certificate course." The evidence, 
however, does not show that the exchange program advances any of the Petitioner's project plan's stated goals of educating 
the students and residents of I J about their community, providing services for county residents with low 
incomes and disabilities, or offering vocational training and English language courses to county residents. 
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Matter ofJ-K-S-
"pursue future collaboration with [the Petitioner's] non-profit organization to further develop any 
educational partnership opportunities for many aspiring students and adults with the community," but he 
does not further ex lain the nature or extent of any proposed collaboration, nor does the record show that 
this letter from reflects a level of interest in the Petitioner's work among stakeholders in D 
that renders him well positioned to advance his proposed endeavor. 6 
With regard to his past work in the field, the record shows that the Petitioner initiated a study of 
I I in Korea and created a course of study adopted by colleges and schools in that area. 
However, he has not documented the extent of impact on the region or otherwise demonstrated that 
this work constitutes a record of success sufficient to demonstrate that he is well positioned to advance 
his proposed U.S. endeavor. The Petitioner has not shown that his work has served as an impetus for 
progress in the field or that it has generated substantial positive discourse in the broader academic 
community. Nor does the evidence otherwise demonstrate that his work constitutes a record of success 
or progress in public administration or public policy. As the record is insufficient to demonstrate that 
the Petitioner is well positioned to advance his proposed endeavor, he has not established that he 
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 he is eligible for a waiver due to his proposed endeavor's 
"alignment withl Is recent joint effort with I I Unified School District 
to initiate and support internship, apprenticeship and job shadowing programs" and his "past 
achievements as a true benefactor, organizer and administrator." However, as the Petitioner has not 
established that he meets the first and second prongs of the Dhanasar framework, he is not eligible for 
a national interest waiver and fu1ther discussion of the balancing factors under the third prong would 
serve no meaningful purpose. 
III. CONCLUSION 
As the Petitioner has not met the requisite three prongs set forth in the Dhanasar analytical framework, 
we find that he has not established he is eligible for or othe1wise merits a national interest waiver as a 
matter of discretion. The appeal will be dismissed for the above stated reasons, with each considered 
as an independent and alternate basis for the decision. In visa petition proceedings, it is the petitioner's 
burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. 
§ 1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). Here, that burden has 
not been met. 
6 For example, the record does not include evidence of interest from relevant parties such as the..___ ______ __. 
Government, I I Transitional Assistance Department,,___ _____ _.Unified School District, or 
I !Superintendent of Schools. 
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Matter ofJ-K-S-
ORDER: The appeal is dismissed. 
Cite as Matter of J-K-S-, ID# 3325952 (AAO May 29, 2019) 
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