dismissed EB-2 NIW Case: Public Administration

U.S. Citizenship 
and Immigration 
Services 
MATTER OF J-K-S-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 15,2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a public administration policy professor and the director of a development institute in 
Korea, 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 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 a job offer, and thus of a 
labor certification, would be in the national interest. The matter is now before us on appeal. 
In February 2017, we issued a request for evidence (RFE) asking the Petitioner to provide additional 
documentation of his qualifications as a member of the professions holding an advanced degree, and 
evidence pertaining to his eligibility for the underlying visa classification and satisfying the three­
part framework set forth in Dhanasar. In response, the Petitioner submits additional documentation 
and contends 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. 
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Matter of J-K-S-
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 equivalept 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. ... the 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 riew framework for adjudicating national interest waiver petitions. See Dhanasar, 26 I&N 
Dec. 884.1 Dhanasar clarifies that, after EB-2 eligibility as an advanced degree professional or 
individual of exceptional ability has been established, USCIS may grant a national interest waiver if 
the petitioner demonstrates by a preponderance of the evidence: (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. If these 
three elements are satisfied, USCIS may approve the national interest waiver as a matter of 
discretion. 
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 
rela~ed or similar efforts; a model or plan for future activities; any progress towards achieving the 
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. Comm 'r 1998) (NYSD01). 
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Matter of J-K-S-
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 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 
A. Advanced Degree 
The Petitioner previously provided "Certificate(s) of Graduation" from 
(Korea) stating that he received a Doctor of Public Administration ( 1998) and a Master of Public 
Administration ( 1991 ). In response to our RFE, he offers an academic credentials evaluation indicating 
that his university degrees are the "foreign equivalent" of a U.S. doctorate and a U.S. master's degree in 
public administration. See 8 C.F.R. § 204.5(k)(3)(i)(A). Accordingly, the Petitioner qualifies as a 
member of the professions holding an advanced degree. 
B. National Interest Waiver 
The next issue to be determined is whether the Petitioner has established that a wmver of the 
requirement of a job offer, and thus a labor certification, would be in the national interest. At the 
time of filing, the Petitioner was employed as a professor of public policy, public administration, and 
social welfare at m South Korea. Additionally, he was 
serving as director of the an organization focused on enhancing 
social systems in the region. He stated that he is "[a] scholar, public administration figurehead, and 
community developer deeply involved with the challenging and critical subject matter of social 
welfare." In Part 6 of the Form I-140, under "Basic Information about the Proposed Employment," 
the Petitioner listed a job title of "Public Administration Policy Professor," but did not offer a further 
description of his proposed work. 
In a letter accompanying the petition, vice chancellor of 
in , offered the Petitioner a professorship at his school contingent upon his 
obtaining U.S. lawful permanent residence. In response to the Director's April 2016 RFE, the 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
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Matter of J-K-S-
Petitioner submitted a June 2016 letter from chief executive officer of 
a rehabilitation and assistive technology company in Korea, indicating 
intentions to have the Petitioner assist in establishing the first American branch of 
The Petitioner also offered a memorandum entitled "Appointing an advisor and 
marketing plans to proceed with setting up a corporation in the USA."3 In addition, the RFE 
response included letters of support from representatives of 
of and (Missouri) 
expressing their int~rest in future collaborations with the Petitioner. 
/ 
With respect to his intended employment in the United States, the Petitioner stated that "as depicted 
in the letters submitted by potential future employers," he would work in the following capacities: 
i) administering the establishment of socially progressive programs and assisted living 
product companies in America by benefitting special needs individuals, and/or ii) 
working as an instructional or academic research professor at a U.S. university within 
the subject matters of social welfare, social justice, public administration, and 
municipal planning. 
In our RFE, we requested that the Petitioner provide "clarification as to which one or more of these 
endeavors" he intended to pursue in the United States.4 We further stated: "If your intention is to 
follow multiple endeavors, you should provide information and evidence regarding your specific 
plans for each undertaking and explain how your time will be divided among them." Furthermore, 
we asked for documentation of any progress in establishing corporate entity in the 
United States and a copy of the "20 16 Business Plan" that was listed as "Attachment 1" at the 
bottom of the memorandum. 
In response, the Petitioner resubmits June 2016 letter and the memorandum. 
Additionally, he provides what he characterizes as a "Memorandum Attachment: 2016 Business 
Plan for The submitted attachment, however, is not business plan for 
setting up a corporation in the United States. Rather, the Petitioner has offered a document entitled 
This proposal discusses a collaborative project between and students 
from to provide rehabilitative devices to disabled children in the 
Philippines. The record lacks sufficient evidence detailing the Petitioner's intent to establish "an 
American subsidiary branch of ' in and providing specific information about 
3 
The memorandum briefly references the company's "action plan" for "setting up a local corporation" in 
At the bottom of the memorandum, a "2016 Business Plan" is listed as "Attachment 1," but the record did not 
include a copy of this plan. 
4 
As the Petitioner is applying for a waiver of the job offer requirement, he need not have a job offer from a specific 
employer. Nevertheless, information about the nature of his proposed endeavor is necessary for us to determine whether 
it has substantial merit and national importance. 
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Matter of J-K-S-
the intended business, such as projected staffing levels, the nature of the services it will provide, and 
the client pool it will serve. 
In addition, the Petitioner's response states that he will enter into a partnership and collaborations 
with in to create "opportunities to educate, support, and 
employ thousands of special neyds individuals." The Petitioner also indicates that he will 
collaborate with of in providing educational literacy 
programs, shelter, job training, medical care, and wheelchairs and other aids for special . needs 
individuals. Lastly, as a research professor at in Missouri, the Petitioner claims 
that "he will become a valuable asset to the University and municipality." 
Despite our request for further clarification, the Petitioner does not provide sufficient information 
and evidence regarding his specific plans for each undertaking, or explain how his time will be 
divided among them. In Dhanasar, we held that a petitioner must identify "the specific endeavor 
that the foreign national proposes to undertake." !d. at 889. The record does not clearly explain the 
Petitioner's proposed endeavor such that we are able to determine, without additional information 
and evidence, that his proposed work will have both substantial merit and national importance and 
that he is well positioned to advance his proposed endeavor. Furthermore, the Petitioner has not 
established 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. 
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 eligibility for or otherwise merits a national interest waiver as a 
matter of discretion. 
ORDER: The appeal is dismissed. 
Cite as Matter of J-K-S-, ID# 288787 (AAO May 15, 2017) 
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