dismissed EB-2 NIW Case: Regional Economic Development

U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-C-V-P-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 14,2015 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a researcher in regional economic development, seeks classification as a member of the 
professions holding an advanced degree, and asserts that an exemption from the requirement of a job 
offer, and thus of a labor certification, is in the national interest of the United States. See Section 
203(b)(2) ofthe Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2). The Director, Texas 
Service Center, denied the petition. The matter is now before us on appeal. The appeal will be 
dismissed. 
I. LAW 
Section 203(b) of the Act states, in pertinent part: 
(2) Aliens Who Are Members of the Professions Holding Advanced Degrees or 
Aliens ofExceptional 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) ... 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. 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree. The sole issue in contention is whether the Petitioner has established that a waiver of the job 
offer requirement, and thus a labor certification, is in the national interest. 
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Matter of M-C- V-P-
Neither the statute nor the pertinent regulations define the term "national interest." Additionally, 
Congress did not provide a specific definition of "in the national interest." The Committee on the 
Judiciary merely noted in its report to the Senate that the committee had "focused on national 
interest by increasing the number and proportion of visas for immigrants who would benefit the 
United States economically and otherwise .... " S. Rep. No. 55, 101 st Cong., 1st Sess., 11 (1989). 
Matter of New York State Department of Transportation, 22 I&N Dec. 215, 217-18 (Act. Assoc. 
Comm'r 1998) (NYSDOT), set forth several factors which must be considered when evaluating a 
request for a national interest waiver. First, a petitioner must demonstrate that he or she seeks 
employment in an area of substantial intrinsic merit. !d. at 217. Next, a petitioner must show that 
the proposed benefit will be national in scope. !d. Finally, the petitioner seeking the waiver must 
establish that he or she will serve the national interest to a substantially greater degree than would an 
available U.S. worker having the same minimum qualifications. !d. at 217-18. 
While the national interest waiver hinges on prospective national benefit, a petitiOner must 
demonstrate a past record justifies projections of future benefit to the national interest. !d. at 219. A 
petitioner's assurance that he or she will, in the future, serve the national interest cannot suffice to 
establish prospective national benefit. The term "prospective" is included here to require future 
contributions by the petitioner, rather than to facilitate the entry of a foreign national with no 
demonstrable prior achievements, and whose benefit to the national interest would thus be entirely 
speculative. !d. 
II. PERTINENT FACTS AND PROCEDURAL HISTORY 
The Petitioner filed the Form I-140, Immigrant Petition for Alien Worker, on April 7, 2014. The 
record reflects that he earned a Master's degree in Economics from the 
in 2005 and a Ph.D. in Urban Planning and Public Policy from the 
in· 2012, and that he was working as an institutional research associate at the 
at the time of filing. In an introductory letter, the Petitioner stated 
that his field of expertise is local and regional economic development, with a focus on the 
development of economically distressed regions in the United States. 
Documentation supporting the Form I-140 included evidence that the Petitioner published one 
journal article, presented his work at conferences, and served as a peer-reviewer for publications in 
his field. He submitted copies of newsletters and reports he authored while working for the 
during his doctoral 
studies. The Petitioner also documented scholarships he was awarded and two articles about his 
work that appeared in publications. In addition, he provided letters from former supervisors, 
colleagues and independent professionals in his field attesting to his expertise and the importance of 
his work. 1 
1 While we discuss only a sampling of these letters, we have reviewed and considered each one. 
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Matter of M-C-V-P-
Several of the submitted letters discussed the Petitioner's doctoral research, in which he examined 
the effects of monetary policy on standard of living by focusing on the 
and its eight member nations. His supervisor at indicated in a 
September 6, 2013, letter that the Petitioner's research "enhanc[ed] the understanding of various 
aspects of the economy," and "offered new and innovative approaches to policy formation." In an 
August 6, 2013, letter, deputy governor of the stated that the 
Petitioner demonstrated how the bank "can formulate policy to address the problems affecting local 
regions," and that his approach "is directly applicable to the U.S.A." In addition, 
who collaborated on the Petitioner's research, stated that the findings "offer 
possible additions to the pool of strategies utilized at the local level in the U.S." 
The Petitioner's introductory letter also discussed his employment as an economic development 
assistant for the for one year during his doctoral 
studies. He indicated that his work involved responding to inquiries from business officials, writing 
reader-friendly publications about economic conditions in the city, and being part of a task force 
focused on improving economic conditions in distressed portions of the city. The Petitioner 
submitted an October 11 , 2013, letter from . research and information manager 
at the confirming his employment as an intern. 
indicated that the Petitioner's duties on the task force included facilitating meetings, keeping 
minutes, and contributing to the dialogue, and stated that his work "helped to lead to the successful 
implementation of several neighborhood projects." 
The Petitioner indicated that he achieved his "most notable accomplishments " while working for the 
from 2009 to 2012, where he was involved in research projects for various 
municipalities in Texas. Specifically, he described his work as part of a team that created a 
comprehensive land use analysis for the in order to satisfy the planning requirements 
for instituting a zoning ordinance and to address the impact of future growth. He discussed the 
factors and processes involved in the analysis, and stated that the final report was unanimously 
adopted by the council as "the official document informing the formation of the zoning 
ordinance." attested that the Petitioner 's work at the Institute of helped 
"numerous cities improve their economic performance. " In addition, 
assistant professor at indicated in an August 18, 2013, letter that the 
Petitioner "assisted rural and other suburban cities that do not have the capacity to undertake the in­
depth research that will strengthen their comprehensive economic development plan." 
further stated that the Petitioner "continues to assist cities" by applying for local and 
technical assistance grants for localities that do not have sufficient resources to fund the research. 
The Petitioner indicated that his "post-doctoral research involves collaborating with cities that are 
economically distressed and coming up with creative ways to improve the conditions for residents." 
He submitted a February 25, 2013, letter from the city manager of Texas, expressing support 
for the Petitioner 's grant application to 
fund an "Industry Targeting Analysis" for the city. 
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Matter of M-C- V-P-
The Director issued a request for evidence (RFE) on September 2, 2014, requesting additional 
documentation to establish that the Petitioner's eligibility under the analysis set forth in NYSDOT. 
He was asked, in part, to confirm that his work "will impart national-level benefits," and to show 
that he has a past record of specific prior achievement with some degree of influence on the field as 
a whole. 
In response, the Petitioner described the ways in which improving economic conditions in distressed 
regions of the U.S. benefits the economy at a national level, and he discussed examples of federal 
programs and grants aimed at assisting such regions. Regarding his record of achievement, he 
asserted that the submitted letters, including four additional letters provided in response to the RFE, 
establish that he has "impacted economic development in the U.S." 
In a December 18, 2014, letter, professor at , stated that the 
Petitioner's peer-reviewed research about inflation in the Caribbean advanced the field of economics 
and helped other researchers by "transforming an economic model that was previously applied in the 
United States, making it applicable to neighboring countries with whom we trade." He also 
discussed the effects of Petitioner's "non-peer reviewed research" for individual municipalities, 
stating for example that his land use plan allowed the to improve its policies to 
revitalize business activities. He asserted that "[t]he cumulative effects of both forms ofresearch ... 
yield positive benefits to the national economy." 
executive director of the 
confirmed in a November 20, 2014, letter that the Petitioner presented a paper at annual 
meeting in 2010. She stated that slots for such presentations are "highly prized," and that his paper 
"not only offered insights into the Caribbean economy, but also a new approach to analyzing the 
U.S. economy." 
In a November 16, 2014, letter, director of the at 
attested to the Petitioner's "unique skill set" and his competency to address "a wide range of 
economic issues." He stated that the Petitioner's intervention helped the to recover 
after being hit by two hurricanes, and that "the type of research [he] is performing for cities in the 
U.S. have national effects that are well documented." 
The RFE response also included a November 13, 2014, letter from campus 
dean of who stated that the Petitioner has worked as an adjunct professor for that 
organization. She indicated that he is an effective educator who is "able to impact students all over 
the nation" and "prepare them to make meaningful contributions in the workplace." 
In addition, the Petitioner stated that his influence on the field is demonstrated by his service as a 
reviewer for "highly respected" journals, his involvement in economic development projects for U.S. 
cities through his work for the and the _ and his receipt of 
awards related to research and teaching. He submitted letters regarding the competitiveness of the 
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Matter~~ M-C- V-P-
scholarships he was awarded from and evidence that he has received certificates of 
appreciation from for his work as a faculty member. 
On February 26,2015, the Director denied the Form I-140, finding in part that the Petitioner did not 
show that the proposed benefits of his work are national in scope. The decision stated that the record 
did not indicate that he had published peer-reviewed research, and that his past work for 
communities in Texas had a local rather than national impact. The Director also found that the 
Petitioner had not established sufficient influence on his field to meet the third prong of the NYSDOT 
national interest analysis. 
On appeal, the Petitioner again asserts that research into regional economic development offers 
national benefits. He maintains that national economic development policies are achieved through a 
"network" of efforts at the regional level, and submits evidence regarding federal grant funding for 
the creation of regional economic development plans. With regard to the third prong of the 
NYSDOT analysis, the Petitioner states that the national interest would be adversely affected if a 
labor certification were required because, in addition to his qualifications , he has a "history of work 
that is well respected and has borne fruits to communities." He indicates that his work "has helped 
stabilize the economic base" of the cities and surrounding regions that he has served, making them 
more competitive and enabling productivity to increase. 
III. ANALYSIS 
Unlike the third prong of NYSDOT, which focuses on the individual and his or her past 
achievements , the second prong relates to the intended occupation and its proposed benefits. ld. at 
21 7. In this instance, the Petitioner has indicated his intent to conduct research on the economic 
development of distressed regions in the U.S., and we find the prospective benefits of such work to 
be national in scope. In NYSDOT, we found the prospective benefit of a bridge engineer's work to 
be national in scope even though his employment "may be limited to a particular geographic area," 
because it affects other regions and the national transportation system. Similarly, as articulated by 
the Petitioner, the development of economically distressed regions serves a broader national interest 
and impacts the economy at large. Accordingly, we withdraw the director's finding on this issue. 
The analysis set forth in the third prong of NYSDOT requires a petitioner to demonstrate that he or 
she will serve the national interest to a substantially greater degree than would an available U.S. 
worker having the same minimum qualifications. To do this, a petitioner must establish "a past 
history of demonstrable achievement with some degree of influence on the field as a whole." ld. at 
219, n. 6. The Petitioner provided evidence that he has performed economic development research 
on behalf of various cities in Texas, and he asserts that this work has had a significant impact on the 
area. While several of the submitted letters state that his work was beneficial to the cities he served, 
they do not indicate that it resulted in economic improvement at a regional level. Further, the record 
includes no documentary evidence to support statements regarding the positive impact of the 
Petitioner's work. Statements made without supporting documentary evidence are of limited 
probative value and are not sufficient for purposes of meeting the burden of proof in these 
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Matter of M-C- V-P-
proceedings. Matter of Soffici, 22 I&N Dec. 158, 165 (Comm'r 1998) (citing Matter of Treasure 
Craft of California, 14 I&N Dec. 190 (Reg'l Comm'r 1972)). 
With regard to the Petitioner's research on economic policy in the Caribbean, the record reflects that 
he disseminated the results of this work through publication of a journal article and presentation at 
conferences. He submitted letters stating that his research advanced current knowledge on the topic 
and provided new analytical approaches and policy formation strategies that can be used in other 
contexts. However, the letters do not state, and the record does not indicate, that his research has 
widely influenced policy decisions or the work of other researchers in the field. For these reasons, 
we find the record insufficient to demonstrate that the Petitioner has had some degree of influence on 
the field as a whole. 
IV. CONCLUSION 
A plain reading of the statute indicates that it was not the intent of Congress that every advanced 
degree professional or individual of exceptional ability should be exempt from the requirement of a 
job offer based on national interest. The Petitioner has not shown that his past record of 
achievement is at a level sufficient to waive the job offer requirement which, by law, normally 
attaches to the visa classification he seeks. While a petitioner need not demonstrate notoriety on the 
scale of national acclaim, the national interest waiver contemplates that his influence be national in 
scope. NYSDOT, 22 I&N Dec. at 217, n.3. More specifically, a petitioner "must clearly present a 
significant benefit to the field of endeavor." ld. at 218. See also id. at 219, n.6 (the individual must 
have "a past history of demonstrable achievement with some degree of influence on the field as a 
whole"). Considering the evidence submitted, the Petitioner has not established by a preponderance 
of the evidence that a waiver of the requirement of an approved labor certification will be in the 
national interest of the United States. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of M-C-V-P-, ID# 14785 (AAO Dec. 14, 2015)