dismissed EB-2 NIW Case: Public Safety

U.S. Citizenship 
and Immigration 
Services 
In Re: 24227520 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 16, 2023 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, a public safety officer, seeks employment-based second preference (EB-2) immigrant 
classification as a member of the professions holding an advanced degree and as an individual of 
exceptional ability, 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). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not 
qualify for the underlying EB-2 classification and 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 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. 
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 ofjob 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. 
Section 10l(a)(32) of the Act, 8 USC § l 10l(a)(32), provides that "[t]he term 'profession' shall 
include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in 
elementary or secondary schools, colleges, academics, or seminaries." 
The regulation at 8 C.F.R. § 204.5(k)(2) contains the following relevant definitions: 
Advanced degree means any United States academic or professional degree or a foreign 
equivalent degree above that of baccalaureate. A United States baccalaureate degree 
or a foreign equivalent degree followed by at least five years of progressive experience 
in the specialty shall be considered the equivalent of a master's degree. If a doctoral 
degree is customarily required by the specialty, the alien must have a United States 
doctorate or a foreign equivalent degree. 
Exceptional ability in the sciences, arts, or business means a degree of expertise 
significantly above that ordinarily encountered in the sciences, arts, or business. 
Profession means one of the occupations listed in section 10l(a)(32) of the Act, as well 
as any occupation for which a United States baccalaureate degree or its foreign 
equivalent is the minimum requirement for entry in the occupation. 
In addition, the regulation at 8 C.F.R. § 204.5(k)(3)(ii) sets forth the specific evidentiary requirements 
for demonstrating eligibility as an individual of exceptional ability. A petitioner must submit 
documentation that satisfies at least three of the six categories of evidence listed at 8 C.F.R. 
§ 204.5(k)(3)(ii). 
Furthermore, 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). 1 Dhanasar states that after a petitioner has 
established eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 
may, as matter of discretion, 2 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. 3 
II. ANALYSIS 
As a preliminary matter, the Petitioner alleges on appeal that the Director "did not apply the proper 
standard of proof in this case, instead imposing a stricter standard ... to [his] detriment." Except 
where a different standard is specified by law, the "preponderance of the evidence" is the standard of 
proof governing immigration benefit requests. See Matter ofChawathe, 25 I&N Dec. at 375; see also 
Matter of Martinez, 21 I&N Dec. 1035, 1036 (BIA 1997); Matter of Sao Hoo, 11 I&N Dec. 151, 152 
(BIA 1965). Accordingly, the "preponderance of the evidence" is the standard of proof governing 
national interest waiver pet1t10ns. See generally l USCIS Policy Manual E.4(B), 
https://www.uscis.gov/policy-manual. While the Petitioner asserts on appeal that he has provided 
evidence sufficient to demonstrate his eligibility for the EB-2 classification and a national interest 
waiver, he does not further explain or identify any specific instance in which the Director applied a 
standard of proof other than the preponderance of evidence in denying the petition. 
As stated above, the first step to establishing eligibility for a national interest waiver is demonstrating 
qualification for the underlying EB-2 visa classification, as either an advanced degree professional or 
an individual of exceptional ability. In denying the petition, the Director concluded that the Petitioner 
did not meet EB-2 classification eligibility through either avenue. 4 
On appeal, the Petitioner asserts that he qualifies "with an equivalent of U.S. advanced degree or at 
least three (3) of the six (6) exceptional ability criteria," but does not identify specific errors on the 
part of the Director. The Petitioner provides no evidence or arguments addressing the concerns of the 
Director regarding his eligibility for the underlying classification. 
When dismissing an appeal, we generally do not address issues that are not raised with specificity on 
appeal. Here, the Petitioner does not challenge the Director's determination that he does not qualify for 
the requested EB-2 classification as either an advanced degree professional or as an individual of 
exceptional ability. Therefore, we consider these issues abandoned. See Matter of R-A-M-, 25 I&N 
Dec. 657. 658 n.2 (BIA 2012) (stating that when a filing party fails to appeal an issue addressed in an 
adverse decision, that issue is waived). 
As explained in the legal framework above, 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 the Petitioner abandoned a threshold issue, the remainder of the Petitioner's arguments need not 
2 See also Poursina v. USCIS, No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCTS' decision to grant or 
deny a national interest waiver to be discretionary in nature). 
3 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
4 The Director's decision, which was 31 pages in length, provided approximately 10 pages of detailed analysis devoted 
solely to the Petitioner's eligibility for the underlying EB-2 classification. 
3 
be addressed. 5 It is unnecessary to analyze any remaining independent grounds when another is 
dispositive of the appeal. Therefore, we decline to reach but hereby reserve remaining arguments 
concerning the Petitioner's eligibility under the Dhanasar prongs. See INS v. Bagamasbad, 429 U.S. 24, 
25 (1976) (finding it unnecessary to analyze additional grounds when another independent issue is 
dispositive of the appeal); see also 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). 
III. CONCLUSION 
The Petitioner has not established that he satisfies the regulatory requirements for the EB-2 
classification as an advanced degree professional or as an individual of exceptional ability. The appeal 
will be dismissed for the above stated reasons. 
ORDER: The appeal is dismissed. 
5 Even ifwe had addressed the remaining issues and arguments, we still would have dismissed this appeal. The Petitioner's 
evidence and arguments do not establish that he is eligible under any of the three Dhanasar prongs. 
4