dismissed EB-2 NIW Case: Risk Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 10891879 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR . 8, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, an operations representative, seeks second preference immigrant classification as a 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 Nebraska Service Center denied the petition, concluding that the Petitioner did not 
qualify for classification as a professional holding an advanced degree or an individual of exceptional 
ability, and 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 
the Director's findings were erroneous. 
In these 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. Upon de nova 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. 
The regulation at 8 C.F.R. § 204.5(k)(2) contains the following relevant definition: "Exceptional 
ability in the sciences, arts, or business means a degree of expertise significantly above that ordinarily 
encountered in the sciences, arts, or business." 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) 
may, as matter of discretion 2, 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. 3 
II. ANALYSIS 
The Petitioner states that he is a Deputy Resident Representative-Operations for the~I -----~ 
.__ ____________ __., and claims to be an internationally recognized expert in various 
fields, including security and risk analysis, risk mitigation, security and risk management, crisis 
management, security and financial logistics, finance, conflict resolution, negotiation, peacekeeping, 
and economic development. The Petitioner did not specifically state whether he was seeking 
classification as a professional holding an advanced degree or an individual of exceptional ability, and 
refers to these terms interchangeably throughout the record as the basis for his eligibility for second 
preference immigrant classification. 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 T&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSD01). 
2 See also Poursina v. USC1S, No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS' 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. 
2 
A. Member of the Professions Holding an Advanced Degree 
To qualify as a member of the professions holding an advanced degree, a petitioner must show that 
his occupation meets the definition of a profession, and that he holds a qualifying advanced degree. 
With respect to his occupation meeting the definition of a profession, section 101(a)(32) of the Act 
does not include operations representatives in the list of professions, and the Petitioner has not 
established that a U.S. baccalaureate degree or its foreign equivalent is the minimum requirement for 
entry into his occupation. 4 
In order to show that a petitioner holds a qualifying advanced degree, the petition must be accompanied 
by "[ a ]n official academic record showing that the alien has a United States advanced degree or a 
foreign equivalent degree." 8 C.F.R. § 204.5(k)(3)(i)(A). Alternatively, a petitioner may present "[a]n 
official academic record showing that the alien has a United States baccalaureate degree or a foreign 
equivalent degree, and evidence in the form of letters from current or former employer(s) showing that 
the alien has at least five years of progressive post-baccalaureate experience in the specialty." 8 C.F.R. 
§ 204.5(k)(3)(i)(B). Although the Petitioner contends that he has received the equivalent of a U.S. 
bachelor's degree in economics, he did not submit evidence of this degree. 
Here, the Petitioner submitted two documents from the University! I entitled "Certificate of 
Achievement in Lieu of a Diploma," along with certified English translations. 5 Each document states 
that the Petitioner has achieved a "bachelor's in applied economic science" and a "graduate in 
economic science," respectively, and that "the original copy of his diploma is temporarily kept at the 
Academy's General Secretariat of the University I I for operational reasons." The Petitioner 
also submitted an academic credentials evaluation from'-------~ equating his foreign 
academic coursework to a U.S. bachelor of science in economics. The Petitioner, however, failed to 
submit evidence of his undergraduate degree, transcripts, or other official academic records that list or 
describe his coursework, though these items are highly relevant to the matter at hand. 
The Petitioner offers no explanation as to why these documents were not submitted. On appeal, the 
Petitioner does not address the evidentiary deficiencies, but instead asserts that the Director erred by 
not affording thee=] evaluation evidentiary value. Specifically, the petitioner states that~ 
I I is one of the most respected credential evaluation firms in the United States." Thel_J 
evaluation, however, generally references the nature of the Petitioner's coursework, the number of 
years of coursework, his grades, and his hours of academic coursework, but it never specifically states 
how it obtained this information or what the information actually is. Rather, it simply refers vaguely 
to basing the evaluation on "copies of the original documents provided by [ the Petitioner]." As we 
are duty bound to independently evaluate the evidence in order to determine how much weight to 
afford it, and thereby any evaluation based upon it, the absence of this evidence undermines the 
evidentiary value of the academic evaluation as a whole. In our discretion, we may discount or give 
less weight to an evaluation of a person's foreign education where that opinion is not in accord with 
4 The record as constituted does not clearly define the Petitioner's occupation, or the minimum requirements for entry into 
the occupation. Further, the Petitioner acknowledges that it was unable to select an appropriate corresponding Standard 
Occupational Classification (SOC) code set forth by the U.S. Department of Labor's Bureau of Labor Statistics that fits 
the description and job requirements for the occupation. 
5 Both of these documents are dated November 30, 1987. 
3 
other information or is in any way questionable . 6 We cannot know what the evaluator examined in 
arriving at their conclusions and therefore the evaluation is of little value in this matter . As such, the 
record contains insufficient evidence to conclude that the Petitioner qualifies as a member of the 
professions holding an advanced degree. 
B. Exceptional Ability 
In denying the petition, the Director determined that while the Petitioner fulfilled three of the 
regulatory criteria, specifically 8 C.F.R. §§ 204.5(k)(3)(ii)(A), (B) and (F), the record did not establish 
that he has achieved the level of expertise required for exceptional ability classification. 7 We have 
reviewed all of the evidence in the record and conclude that it does not support a finding that the 
Petitioner meets the requirements of at least three criteria. 
Although the record reflects that the Petitioner has fulfilled the ten years of full-time experience 
criteria, for the reasons discussed below, the evidence does not support the Director's decision relating 
to the degree and recognition for achievements criteria. In addition, as explained below , the Petitioner 
has not demonstrated that he has satisfied the remaining three criteria. 
An official academic record showing that the alien has a degree, diploma, certificate, 
or similar award from a college, university, school, or other institution of learning 
relating to the area of exceptional ability. 8 C.F.R. § 204.5(k)(3)(ii)(A). 
As noted above, the Petitioner submitted two documents from the University! I entitled 
"Certificate of Achievement in Lieu of a Diploma," along with certified English translations. Each 
document states that the Petitioner has achieved a "bachelor's in applied economic science" and a 
"graduate in economic science," respectively, and that "the original cop} of his diploma is temporarily 
kept at the Academy's General Secretariat of the Universit)i ______ for operational reasons." The 
8 C.F.R . § 204.5(k)(3)(ii)(A) , however, calls for an official academic record showing that the alien 
has a degree, diploma, certificate, or similar award from a college , university, school, or other 
institution of learning relating to the area of exceptional ability . The Petitioner did not supplement the 
record with copies of his diplomas, transcripts, or other official documents outlining or describing his 
coursework. Contrary to the Director's determination, we do not consider the submitted documents 
to constitute official academic records. 
6 See Matter of Caron International, 19 I&N Dec. 791, 795 (Comm'r 1988); see also Matter of Sea, Inc., 19 I&N Dec. 817, 
820 (Comm 'r 1988). 
7 A petitioner must provide documentation that satisfies at least three of six regulatory criteria in order to meet the initial 
evidence requirements for this classification . 8 C.F.R. § 204.5(k)(3)(ii) . The submission of sufficient initial evidence does 
not, however , in and of itself establish eligibility . If a petitioner satisfies these initial requirements, we then consider the 
entire record to determine whether the individual has a degree of expertise significantly above that ordinarily 
encountered. See Matter ofCha wathe, 25 I&N Dec. 369, 376 (AAO 2010) (holding that the "truth is to be determined not 
by the quantity of evidence alone but by its quality"). See also Kazarian v. USCJS, 596 F.3d 1115 (9th Cir. 
2010) (discussing a two-part review where the evidence is first counted and then, if it satisfies the required number of 
criteria, considered in the context of a final merits determination) ; USCIS Policy Memorandum PM-602-0005.1 , 
Evaluation of Evidence Submitted with Certain Form 1-140 Petitions; Revisions to the Adjud icator 's Field Manual (AFM) 
Chapter 22.2, AFM Update ADJ 1-14 20, 22-23 (Dec. 22, 2010), https://www.uscis.gov/legal-resources/policy­
memoranda .. 
4 
Furthermore, the Petitioner must establish that the degree relates to the area of claimed exceptional 
ability. Even if the Petitioner had submitted sufficient evidence of his academic achievements, it is 
not self-evident that the Petitioner's claimed degrees in economics relate to his claimed exceptional 
ability in the fields of security and risk analysis, risk mitigation, security and risk management , crisis 
management, security and financial logistics, finance, conflict resolution, negotiation, peacekeeping, 
and economic development, or that his education contributes to exceptional ability in his field. We 
note that the burden of proof is on the Petitioner in the current matter. Section 291 of the Act, 8 U.S.C. 
§ 1361. 
The Petitioner has not met the plain language requirements of 8 C.F.R. § 204.5(k)(3)(ii)(A). For the 
aforementioned reasons, we withdraw the Director's finding to the contrary. 
Evidence in the form ofletter(s) from current or former employer(s) showing that the alien 
has at least ten years of full-time experience in the occupation for which he or she is being 
sought. 8 C.F.R. § 204.5(k)(3)(ii)(B). 
The record contains an Attestation from the Deputy Resident Director of theD in I I 
indicating that the Petitioner has been employed by I I since 2001. The Director found this 
Attestation sufficient to demonstrate that the Petitioner has at least ten years of full-time experience, and 
we concur with this determination . The Petitioner has met this criterion. 
A license to practice the profession or certification for a particular profession or 
occupation. 8 C.F.R. § 204.5(k)(3)(ii)(C). 
The Petitioner did not submit any evidence to show that a license or certification is required to practice 
his profession, or that he possesses such a license or certification . This criterion has not been met. 
Evidence that the alien has commanded a salary, or other remuneration for services, 
which demonstrates exceptional ability. 8 C.F.R. § 204.5(k)(3)(ii)(D). 
The Petitioner submitted one document entitled "Statement of Earnings and Deductions" for the period 
from July 1, 2019, to July 31, 2019, indicating that he earned a gross salary of $9,021.58 for that 
period. 
To satisfy this criterion, the evidence must show that an individual has commanded a salary or 
remuneration for services that is indicative of his claimed exceptional ability relative to others working 
in the field. 8 The aforementioned statement demonstrates the Petitioner's earnings for only one month, 
and thus is not representative of what the Petitioner consistently earns for his services beyond this one­
month period. Absent additional documentation, this document is not representative of his "salary" or 
"remuneration for services," as it does not demonstrate what the Petitioner routinely earns as an annual 
salary or as remuneration for his services. Moreover, the Petitioner has not offered documentation 
showing that his earnings are indicative of exceptional ability relative to others performing similar 
8 See USC IS Policy Memorandum PM-602-0005 .1, Evaluation of Evidence Submitted with Certain Form 1-140 Petitions; 
Revisions to the Adjudicator 's Field Manual (AFM) Chapter 22.2, AFM Update ADll-14 21 (Dec. 22, 2010), 
https://www.uscis .gov/legal-resources /policy-memoranda. 
5 
services in the field. Based on the foregoing, the Petitioner has not demonstrated that he meets this 
regulatory criterion. 
Evidence of membership in professional associations. 8 C.F.R. § 204.5(k)(3)(ii)(E). 
The Petitioner did not submit any evidence of his membership in professional associations. This 
criterion has not been met. 
Evidence of recognition for achievements and significant contributions to the industry 
or field by peers, governmental entities, or professional or business organizations. 
8 C.F.R. § 204.5(k)(3)(ii)(F). 
The Petitioner submitted a Certificate of Appreciation from thel I recognizing his fifteen years 
of service, but this award only recognizes his length of service with his employer. The Petitioner has 
not presented evidence demonstrating that he has received "recognition for achievements and 
significant contributions to the industry or field." The Petitioner has not met the plain language 
requirements of 8 C.F.R. § 204.5(k)(3)(ii)(F). For the aforementioned reasons, we withdraw the 
Director's finding to the contrary. 
On appeal, the Petitioner does not specifically identify any erroneous conclusion of law or statement 
of fact relating to the Director's determinations for the criteria at 8 C.F.R. § 204.5(k)(3)(ii)(C)-(E). Nor 
does the appeal brief even reference the Director's discussion regarding the aforementioned criteria.9 
Without offering specific arguments to overcome the Director's findings, and for the reasons outlined 
above, the Petitioner has not established that he satisfies at least three of the criteria at 8 C.F .R. 
§ 204.5(k)(3)(ii) and has achieved the level of expertise required for exceptional ability classification . 
C. National Interest Waiver 
The remaining issue is whether the Petitioner has established that a waiver of the requirement of a job 
offer, and thus a labor certification, is in the national interest. As previously outlined, in order to qualify 
for a national interest waiver, the Petitioner must first show that he qualifies for classification under 
section 203(b)(2)(A) of the Act as either an advanced degree professional or an individual of 
exceptional ability. The Petitioner has not shown that he is an advanced degree professional or that 
he has satisfied the regulatory criteria and achieved the level of expertise required for exceptional 
ability classification. As the Petitioner has not established eligibility for the underlying immigrant 
classification, the issue of the national interest waiver is moot. 
III. CONCLUSION 
The Petitioner has not established that he satisfies the regulatory requirements for classification as an 
advanced degree professional or as an individual of exceptional ability. The appeal will be dismissed 
for the above stated reasons, with each considered as an independent and alternate basis for the 
decision. 
9 As stated earlier in this decision, the Petitioner only challenges the Director 's finding that thel I was 
insufficient to establish that the Petitioner possessed the equivalent of a U.S. bachelor 's degree in economics and thus was 
not a professional holding an advanced degree. 
6 
ORDER: The appeal is dismissed. 
7