dismissed EB-2 NIW Case: Security Advisor

U.S. Citizenship 
and Immigration 
Services 
In Re: 13092290 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WLY 7, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a security advisor, seeks second preference 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 Nebraska Service Center denied the petition, concluding 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 additional documentation and a brief asserting that he is eligible for 
a national interest waiver. 
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 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. 
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. 
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 
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 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). 
2 
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. 3 
II. ANALYSIS 
The Director found that the Petitioner 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. For the 
reasons discussed below, we agree with the Director that the Petitioner has not sufficiently 
demonstrated the national importance of his proposed endeavor under the first prong of the Dhanasar 
analytical framework. 
Regarding his claim of eligibility under Dhanasar' s first prong, the Petitioner initially asserted that his 
proposed endeavor involved "working in security management and counterterrorism in the United 
States." He further indicated that lanned to ursue "a ossible rede lo ment to the Threat and Risk 
Assessment Unit TRU " of th 
4 
The Director issued a request for evidence (RFE) asking the Petitioner to provide clarification as to 
his proposed endeavor in the United States. He was informed that he should submit a "detailed 
description of the proposed endeavor and why it is of national importance." 
In response to the Director's RFE, the Petitioner stated: "I would like to continue work and remain 
with thec=J for the foreseeable future and my plan is to make applications to transfer to thd~-~ 
[ I if my visa application is approved. There are many openings 
~ land it generally takes at least six months to land a position." 
The record includes information about U.S. immigration, China's pos1t10n as a global leader in 
scientific research, technological advances in Asia as a challenge to U.S. science and technology 
leadership, the link between education and skill development, and UN pay and benefits. In addition, 
the Petitioner provided articles discussing global trends and patterns in terrorism, the economic burden 
of terrorism, threats to U.S. national security, genocide in Sudan, the humanitarian crisis in Darfur, 
the United Nations-African Union Mission in Darfur (UNAMID), UNAMID's efforts to promote 
peace in the Darfur region, the UN global counter-terrorism strategy, and U.S. Department of State 
programs for countering violent extremism. He also submitted information about the impact of 
terrorism on financial markets, natural events and terrorist attacks as a threat to America's 
3 See Dhanasar, 26 T&N Dec. at 888-91, for elaboration on these three prongs. 
4 The Petitioner noted that he is "cunently the I I .... I conduct research/ 
analysis/assessment and monitor the prevailing country/subregional political, socioeconomic, security situation to 
determine probable threats/risks to the I t' As the Petitioner is applying for a 
waiver of the job offer requirement, it is not necessary for him to have a job offer from a specific employer. However, we 
will consider information about his prospective positions to illustrate the capacity in which he intends to work in order to 
determine whether his proposed endeavor meets the requirements of the Dhanasar analytical framework. 
3 
communities! I the[] Development Program i~ I the countries of._l -~~-~ _ _.I 
the U.S. national security strategy, UN peacekeeping operations, U.S. relations with .... I _ _____.I U.S. 
foreign aid tq I and areas of vital interest to the United States. 5 
In the decision denyin: the petition, the Director acknowledged the Petitioner's intention to work for the 
I ) but concluded that he did not offer "a detailed description of the proposed 
endeavor." The Director's decision explained that the Petitioner's statements did "not clarify your 
proposed endeavor" or "indicate in what capacity you intend to work for thQ only that you wish to 
work for the~-------~" 6 It also noted that the Petitioner "did not provide any additional 
statement of intent to further specify or explain your proposed endeavor in the United States .... " The 
Director further stated that the Petitioner had not sufficiently demonstrated his proposed endeavor stands 
to have broader implications in the field, significant potential to employ U.S. workers, substantial positive 
economic effects, or a broader impact on societal welfare. 
With the appeal, the Petitioner submits an April 2020 letter from~ ______ __,, a professor of 
political science atl !university, asserting that the Petitioner satisfies Dhanasar's first prong 
"because his proposed employment is in a field (security) that is both of substantial intrinsic merit and 
national in scope." "Substantial intrinsic merit" (emphasis added) and "national in scope" are terms 
set forth in the first prong of the vacated NYSDOT framework rather than the first prong of the 
Dhanasar precedent decision. Regardless, the issue here is not the substantial merit and national 
importance of international security operations orD programs the Petitioner has served in the past, 
but rather the substantial merit and national importance of the specific endeavor the Petitioner 
proposes to undertake. 
In his appeal brief: the Petitioner argues that he is eligible for EB-2 classification as an individual of 
"exceptional ability" and points to his 2018 earnings from thee::] However, because the Petitioner 
qualifies for the underlying EB-2 visa classification as a member of the professions holding an advanced 
degree, discussion of his eligibility as an individual of exceptional ability would serve no meaningful 
purpose. 7 
The Petitioner asserts that he "holds 20 years' experience with thd I Police Force and 15 years' 
experience with the0 in counter-terrorism and security management" and that he has the requisite 
"education, skills, knowledge and a prior record of success" in his field. 8 The Petitioner's education, 
5 While this documentation helps show the substantial merit of U.S. andD security initiatives, the Petitioner has not 
identified the specific security projects he plans to undertake in the United States or on our country's behalf 
6 In Dhanasar, we held that a petitioner must identify "the specific endeavor that the foreign national proposes to 
undertake." Id. at 889. 
7 To establish that it would be in the national interest to waive the job offer requirement, a petitioner must go beyond 
showing their expertise in a particular field. The regulation at 8 C.F.R. § 204.5(k)(2) defines ·'exceptional ability" as "a 
degree of expertise significantly above that ordinarily encountered" in a given area of endeavor. By statute. individuals of 
exceptional ability are generally subject to the job offer/labor certification requirement; they are not exempt by virtue of 
their exceptional ability. Therefore, whether a given petitioner seeks classification as an individual of exceptional ability, 
or as a member of the professions holding an advanced degree, that individual cannot qualify for a waiver just by 
demonstrating a degree of expertise significantly above that ordinarily encountered in their field of expertise. See 
Dhanasar, 26 I&N Dec. at 886 n.3. 
8 The Petitioner contends that the Director's decision ignored the Petitioner's law degree and bachelor's degree from the 
4 
skills, knowledge , and professional accomplishments relate to the second prong of the Dhanasar 
:framework, which "shifts the focus from the proposed endeavor to the foreign national." Id. at 890. The 
issue here is whether the specific endeavor that he proposes to undertake has national importance 
under Dhanasar's first prong. 9 
In determining national importance , the relevant question is not the importance of the field, 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 reflect his intention to work for thd I he has not offered 
sufficient information and evidence to demon strate that the prospecti ve impact of his proposed 
endeavor rises to the level of national importance. 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. Here, we conclude the record does not show that the 
Petitioner's proposed endeavor stands to impact U.S . security interest s and counterterrori sm 
operations more broadly at a level commensurate with national importance. 
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 our nation . Without sufficient information or evidence regarding any projected U.S. economic 
impact or job creation attributable to his future work, the record does not show that benefits to the U.S. 
regional or national economy resulting from the Petitioner 's security and counterterrorism projects would 
reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. 
According ly, the Petition er's propo sed work does not meet the first prong of the Dhanasar framework. 
Because the documentation in the record does not establish the national importance of his proposed 
endeavor as required by the first prong of the Dhanasar precedent decision, the Petitioner has not 
demonstrated eligibility for a national interest waiver. Further analysis of his eligibility under the second 
and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose. 
University of! I The Director, however, determined that the Petitioner's Bachelor of Science (Political 
Science/Sociology) degree and evidence of more than five years of progressive experience in his specialty rendered him 
eligible for the underlying EB-2 visa classification as a member of the professions holding an advanced degree. 
Furthermore, the Petitioner 's education is a factor that relates to the second prong of the Dhanasar precedent. For example, 
in Dhanasar, the record established that the petitioner held multiple graduate degrees including "two master of science 
degrees, in mechanical engineering and applied physics, as well as a Ph.D. in engineering." Id. at 891. 
9 In determining whether an individual qualifies for a national interest waiver, USCJS must rely on the specific proposed 
endeavor to determine whether it has both substantial merit and national importance under the Dhanasar framework. 
Without sufficient information regarding his proposed endeavor, we cannot conclude that he meets the first prong of the 
Dhanasar precedent. 
5 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we conclude 
that he has not established he is eligible for or otherwise 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. 
ORDER: The appeal is dismissed. 
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