dismissed EB-2 NIW Case: Software Engineering

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JAN. 30, 2025 In Re: 36662329 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner seeks employment-based second preference (EB-2) immigrant classification for the 
Beneficiary 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). 
The Director of the Nebraska Service Center denied the petition, concluding that the Beneficiary 
qualified for classification as a member of the professions holding an advanced degree, but that the 
Petitioner 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. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe , 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christa 's, Inc. , 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
I. LAW 
To qualify for the underlying EB-2 visa classification
, a petitioner must establish the beneficiary is an 
advanced degree professional or an individual of exceptional ability in the sciences, arts, or business. 
Section 203(b )(2)(A) of the Act. If a petitioner establishes the beneficiary's eligibility for the 
underlying EB-2 classification, they must then demonstrate that the beneficiary merits a discretionary 
waiver of the job offer requirement "in the national interest." Section 203(b )(2)(B)(i) of the Act. 
Matter of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016), provides the framework for adjudicating 
national interest waiver petitions. Dhanasar states that U.S. Citizenship and Immigration Services 
(USCIS) may, as matter of discretion, 1 grant a national interest waiver if the petitioner demonstrates 
that: 
• The proposed endeavor has both substantial merit and national importance; 
• The individual is well-positioned to advance their proposed endeavor; and 
1 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Third, Ninth, Eleventh, and D.C. Circuit Courts of 
Appeals in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary in nature) . 
• On balance, waiving the job offer requirement would benefit the United States. 
Id. 
II. ANALYSIS 
The Director found that the Beneficiary 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 conclude that the Petitioner has not sufficiently demonstrated the national 
importance of the Beneficiary's proposed endeavor under the first prong of the Dhanasar analytical 
framework. In addition, we agree with the Director that the Petitioner has not established that, on balance, 
it would be beneficial to the United States to waive the job offer and labor certification requirements as 
required under Dhanasar 's third prong. 
At the time of filing, the Beneficiary was working for the Petitioner as a Software Engineer. 2 The 
Petitioner indicated that the Beneficiary's responsibilities in this capacity include: 
• Create software for vehicle level functions and perform integration and verification 
testing. 
• Analyze software defects; figure out root cause, create software solution, test and verify 
closure. 
• Perform design and analysis on changes. 
• Work with teams from multiple groups to meet project milestones. 
• Perform other related duties as assigned. 
Regarding the Beneficiary's proposed endeavor, the Petitioner initially indicated that it involved 
"advancing critical and emerging technologies in the transportation sector." The Petitioner submitted 
a March 2024 letter froml Iits Engineering Group Manager in the Propulsion Thermal 
Controls Department, stating: 
[The Beneficiary] works for [ the Petitioner] as a Software Engineer focusing on 
Propulsion Thermal Management for Battery Electric Vehicles, a critical component 
ensuring the safety and efficiency of EVs. 
[The Beneficiary's] Propulsion Thermal Management ART team works on creating 
thermal management software for battery electric vehicles. Its main function is to 
provide battery conditioning and power electronics conditioning and arbitrate heating, 
ventilation, and air conditioning for the cabin. The development of electric vehicles 
2 As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for the Beneficiary to have a 
job offer from a specific employer. However, we will consider information about his position to illustrate the capacity in 
which he intends to work in order to determine whether the proposed endeavor meets the requirements of the Dhanasar 
framework. 
2 
has critical implications for sustainable transportation and manufacturing in the United 
States, so thermal management is of critical importance to the United States. 
In response to the Director's request for evidence (RFE), the Petitioner stated that the Beneficiary 
planned "to advance battery electric vehicle (BEV) software engineering, particularly in the realm of 
thermal management controls and software. The Beneficiary's work in this area has implications in 
other areas of U.S. national interest including but not limited to electric vehicle adoption, renewable 
energy integration, climate change mitigation, and environmental sustainability." The Petitioner 
further asserted that the Beneficiary's undertaking involves "developing state-of-the-art thermal 
controls software that optimizes cooling and heating strategies by controlling temperature profiles for 
the battery, motor inverter, charging module, autonomous supercomputer, and other critical EV 
components, so that these components perform efficiently in a way that enhances performance, range 
and extends battery life." 
In addition, the Beneficiary provided a personal statement indicating: 
I am deeply committed to advancing BEV software engineering, particularly in the 
realm of thermal management controls and software. 
My work directly contributes to the USA's sustainability goals. By enhancing the 
efficiency of electric vehicles, we're helping to reduce the carbon footprint of 
transportation. The software we develop plays a significant role in the broader adoption 
of electric vehicles, aligning with national efforts to combat climate change and 
promote energy independence. The future is bright, and as [the Petitioner] continues 
to push the boundaries of electric vehicle technology, I am excited to be part of this 
transformative era. Our commitment to excellence and sustainability is not just shaping 
the future of transportation but also driving the USA towards a greener, more resilient 
tomorrow. 
My expertise lies in developing state-of-the-art thermal controls software that 
optimizes cooling and heating strategies by controlling temperature profiles for the 
battery, motor inverter, charging module, autonomous supercomputer, and other 
critical EV components, so that these components perform efficiently in a way that 
enhances performance, range and extends battery life. 
A. Substantial Merit and National Importance 
The first Dhanasar prong, substantial merit and national importance, focuses on the specific endeavor 
that the individual proposes to undertake. Dhanasar, 26 I&N Dec. at 889. The endeavor's merit may 
be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, 
health, or education. Id. The Director determined the Beneficiary's proposed endeavor has substantial 
merit. We agree. 
The Director also concluded that the Petitioner established the national importance of the Beneficiary's 
proposed endeavor. We withdraw the Director's determination on this issue. In determining whether 
the proposed endeavor has national importance, we consider its potential prospective impact. Id. at 
3 
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889. This consideration may include whether the proposed endeavor has significant potential to 
employ U.S. workers (particularly in an economically depressed area), has other substantial positive 
economic effects, has national or even global implications within the field, or has other broader 
implications indicating national importance. Id. at 889-90. As discussed below, the Petitioner has not 
established that the potential prospective impact of the Beneficiary's proposed work indicates national 
importance. 
In a September 2024 letter discussing the Beneficiary's work submitted in response to the RFE, Mr. 
llisted its benefits as: 
• Optimizing Battery Performance: Effective thermal management is essential for 
maintaining battery efficiency. By controlling the temperature of the battery cells, 
thermal management software ensures that the BEV operates within the optimal 
temperature range, thus maximizing the battery's performance and lifespan. 
• Enhancing Safety: Batteries in BEV s can be volatile if not properly managed. Thermal 
management software plays a critical role in preventing overheating and thermal 
runaway, which are key to ensuring the safety of the vehicle and its occupants. 
• Improving Energy Efficiency: Proper thermal controls can reduce the energy 
consumption of the heating, ventilation, and air conditioning (H V AC) system, which 
is one of the largest auxiliary loads on a BEV. This, in tum, can extend the vehicle's 
range and reduce the frequency of charging. 
• Supporting Fast Charging: As the demand for fast charging grows, thermal 
management becomes even more important. The software must be able to handle the 
heat generated during rapid charging cycles without compromising battery health. 
• Enabling Advanced Features: Thermal management is also linked to the performance 
of advanced features in BEV s, such as regenerative braking. The software ensures that 
the energy recovered during braking is effectively used without causing thermal issues. 
System also enables having remote cabin conditioning and having battery at desired 
temperature in preparation of fast charging. 
• Facilitating Autonomous Driving: As the industry moves towards autonomous 
vehicles, the reliability' of all systems, including thermal management, becomes even 
more critical. Software engineers with expertise in this area are key to developing 
robust systems that can support the high computational loads of autonomous driving 
technologies. 
Mr.I lfurther stated that the Beneficiary's work "is by no means limited to Petitioner" and that 
areas that are impacted by his work include reducing greenhouse gas emissions, energy independence, 
economic growth, public health, innovation and leadership, and national security. The Petitioner, 
however, has not shown the Beneficiary's specific projects as a Software Engineer stand to impact 
these areas to an extent that his proposed work holds national importance. While the Beneficiary's 
proposed work may affect the Petitioner's thermal management software projects, the Petitioner has 
not demonstrated his undertaking's broader implications in the field or industry. It is insufficient to 
claim a proposed endeavor has national importance or would create a broad impact without providing 
evidence to substantiate such claims. 
4 
The record also includes a March 2024 letter from Dr. Electronic Systems Controls 
Team Lead atl 3 who stated: 
[The Beneficiary] worked at I I for several years as an Electronic Systems 
Verification and Validation Engineer. In this position, he was responsible for 
performing a variety of software implementations, such as hardware-in-the-loop 
integration (L8) regression testing of powertrain, engine, aftertreatment, implement, 
display, electric drive, telematics and remote-control subsystems on 
I I and __________ machine 
applications using dSPACE Hardware, Control and Automation Desk, CANalyzer, 
CANape,I Electronic Technician and MATLAB Simulink. 
The Petitioner indicates that the Beneficiary has "more than nine years of professional experience in 
embedded software development and validation, with a specialty in thermal management controls and 
software development for BEVs." The Beneficiary's skills, knowledge, and prior work in his field for 
the Petitioner and I Irelate 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. 
Regarding the Beneficiary's work for the Petitioner, Dr.I I asserts that the Beneficiary's 
endeavor has "the potential to affect and protect billions of people." He further contends that "[t]here 
is currently an urgent global need to replace fossil fuels and limit the damage of climate change. One 
of the important paths is to phase out internal combustion vehicles and adopt electric vehicles thus 
making zero emissions." He does not, however, specify how the Petitioner's specific software projects 
stand to "protect billions," influence replacement of "fossil fuels," "limit the damage of climate 
change, or "phase out internal combustion vehicles" at a meaningful level for U.S. interests. 
The Petitioner also provided an "Analysis and Advisory Evaluation" letter from Dr. ___ 
Associate Professor at the __________________ in support of the 
Beneficiary's national interest waiver. Dr. contends that the Beneficiary's proposed work is of 
national importance because his generic occupation of automotive engineer and the industry in which 
he works stand to benefit the U.S. economy. The issue here, however, is not the national importance 
of the profession or industry in which the individual will work; instead, we focus on the "the specific 
endeavor that the foreign national proposes to undertake." Dhanasar, 26 I&N Dec. at 889. The letters 
from Dr.I I Dr. I I and Mr.I I do not contain sufficient information and explanation, 
nor does the record include adequate corroborating evidence, to show that the Beneficiary's specific 
proposed work offers broader implications in his field or industry or substantial positive economic 
effects for our nation that rise to the level of national importance. 
Furthermore, the Petitioner submitted articles on the importance of software developers, automated 
vehicle safety technologies, system diagnostics for safer vehicles, software-defined vehicles, the 
automotive industry, electric vehicles (EVs), boosting EV manufacturing capacity, and building a 
national EV charging network. The record also includes information about thermal runaway, carbon 
pollution from transportation, the impact of global warming on the automotive industry, limiting 
3 Dr. __ indicated that he previously worked with the Beneficiary at __ 
5 
Chinese components in American vehicles, U.S. critical infrastructure sectors, critical and emerging 
technologies, the Bipartisan Infrastructure Law, and the Biden-Harris Administration's actions to 
attract STEM talent. 4 The Petitioner claims that these articles support the national importance of the 
Beneficiary's proposed endeavor. The determination of national importance does not focus on the 
importance of one's field or industry in general, but "focuses on the specific endeavor that the foreign 
national proposes to undertake." Id. at 889. Here, none of the articles mention the Beneficiary or his 
assigned projects, or otherwise speak to the potential prospective impact of his specific proposed 
endeavor. 
The Petitioner points to USCIS policy guidance relating to national interest waivers sought by persons 
with advanced science, technology, engineering, and mathematics (STEM) degrees. 5 While the policy 
manual explains how the Dhanasar framework can apply to STEM graduates and entrepreneurs, the 
Petitioner still must meet the three prongs set forth in Dhanasar to establish it is in the national interest 
that USCIS waive the requirement of a job offer, and thus the labor certification. We agree that the 
Petitioner's proposed endeavor involves STEM technologies and has substantial merit in relation to 
U.S. science and technology interests, but he must also demonstrate that it has sufficiently broad 
potential implications to demonstrate national importance. 
The Petitioner asserts that the Beneficiary's proposed endeavor has national importance due to the 
Bipartisan Infrastructure Law. The Petitioner argues that its company "initiatives are critical to and 
in alignment with the U.S. federal government's transportation, manufacturing, safety, and 
environmental goals," but it has not demonstrated that benefits resulting from its overall operations 
would be attributable to the Beneficiary's particular role as a Software Engineer to an extent that his 
specific proposed work holds national importance. 
The Petitioner further claims that the Beneficiary's work "directly supports the acceleration of EV 
production and adoption of EVs," "promotes electrification of vehicles in the U.S., and supports 
climate change mitigation and environmental sustainability," but the evidence does not show that his 
proposed work stands to offer broader implications in his field or industry beyond his software projects 
for the Petitioner. The issue here is not the broader implications of the company's innovations in EV 
technologies and sustainability, but rather the potential prospective impact of the Beneficiary's 
specific work as a software engineer. 6 
In addition, the Petitioner presented information about its business operations, renewable energy 
strategy, EV manufacturing capacity, zero emissions vehicle program, and I 
System's "patented heat pump." The Petitioner indicated that it 
Benefits to a specific employer alone, even an employer with a national 
footprint such as the Petitioner, are not sufficiently relevant to the question of whether a person's 
4 With respect to Dhanasar 's first prong, as in all cases, the evidence must demonstrate that a STEM endeavor has both 
substantial merit and national importance. See generally 6 USCIS Policy Manual, F.5(0)(2), https://www.uscis.gov/policy­
manual. 
5 The Beneficiary received a Master of Science degree in Electrical Engineering from the _________ 
in 2015. The Beneficiary's education, however, is a factor considered under Dhanasar's second prong. Id. at 890 
6 The evidence does not indicate, for example, that the Beneficiary is an inventor of the Petitioner's patented technologies 
or that he publishes or presents technological research. 
6 
I 
endeavor has national importance. At issue is whether the Beneficiary's own individual endeavor 
stands to have broader implications in the industry or field beyond his employer and its thermal 
management software projects. 
To evaluate whether the Beneficiary's proposed endeavor satisfies the national importance 
requirement we look to evidence documenting the "potential prospective impact" of his work. Id. at 
889. While the Petitioner's statements reflect the Beneficiary 's intention to improve his employer 's 
BEV thermal management software, it has not offered sufficient infonnation and evidence to 
demonstrate that the prospective 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 Beneficiary's specific proposed endeavor stands 
to sufficiently extend beyond his employer and its operations to impact the field of software 
engineering, the U.S. BEV industry, societal welfare, public safety, or our country's economy more 
broadly at a level commensurate with national importance. Nor has the Petitioner demonstrated that 
the Beneficiary's specific undertaking offers broader implications in the automotive manufacturing or 
renewable energy industries, reducing greenhouse gas emissions, affecting U.S. energy independence, 
or advancing our country's national security. 
Additionally, the Petitioner has not shown that the specific endeavor the Beneficiary proposes to 
undertake has significant potential to employ U.S. workers or otherwise offers substantial positive 
economic effects for our nation. While the Petitioner asserts that the national importance of the 
Beneficiary's endeavor is evident from the scope of its vehicle manufacturing operations, it has not 
demonstrated that the economic implications of its vehicle production would be attributable to the 
Petitioner's specific projects to an extent that his proposed work holds national importance. Here, the 
Petitioner has not shown that the wider economic effects it claims are implications of the Beneficiary's 
specific proposed endeavor to improve his employer 's BEV thermal management software. Without 
sufficient information or evidence regarding any projected U.S. economic impact or job creation 
attributable to the Beneficiary's specific proposed work, the Petitioner has not shown that the benefits to 
the U.S . regional or national economy resulting from his projects would reach the level of "substantial 
positive economic effects" contemplated by Dhanasar. Id. at 890. 
The Petitioner has not established that the Beneficiary's proposed endeavor has significant potential 
to employ U.S. workers (particularly in an economically depressed area), has other substantial positive 
economic effects, has national or even global implications within the field or industry, or has other 
broader implications indicating national importance. 
B. Whether on Balance a Waiver is Beneficial to the United States 
The third prong requires a 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. Matter of 
Dhanasar, 26 I&N Dec. at 890-91. In performing this analysis, we may evaluate factors such as: 
whether, in light of the nature of the individual's qualifications or the proposed endeavor, it would be 
impractical either for them to secure a job offer or to obtain a labor certification; whether, even 
assuming that other qualified U.S. workers are available, the United States would still benefit from 
their contributions; and whether the national interest in their contributions is sufficiently urgent to 
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warrant forgoing the labor certification process. Id. In each case, the factor(s) considered must, taken 
together, establish 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. Id. at 891. 
In denying the petition, the Director's decision indicated: 
[T]he Beneficiary does not appear to have skills or duties that could not easily be 
articulated in a labor certification. The evidence does not illustrate that there is an 
urgency in the Beneficiary's contributions sufficient to warrant forgoing the labor 
certification process. The Petitioner did not demonstrate how the Beneficiary's work 
will directly lead to the creation of jobs, or that the United States will benefit, on a 
national scale, from the contributions. Further, while it appears the Beneficiary is 
qualified to work in their field, it appears their endeavor would contribute most directly 
to their immediate employer .... 
On appeal, the Petitioner states: "Are the skills so specialized it would harm the U.S. if a minimally 
qualified worker performed this role?" The Petitioner contends that it is in our country's "national 
interest to waive the labor certification process as a minimally qualified worker would not be able to 
achieve or execute the advanced thermal management controls and software for BEVs, which the 
Beneficiary has been able to achieve." It further asserts that the Beneficiary's position "cannot be 
done based on someone who is only minimally qualified. Furthermore, the time, training, and 
resources required to further a minimally qualified U.S. worker for this position would be impractical 
as [the Beneficiary] already possesses these skills and cumulative experience." 
In Dhanasar, we indicated that the third prong "does not require a showing of harm to the national 
interest or a comparison against U.S. workers in the [beneficiary's] field." Id. at 891. For the third 
prong, we assess whether the proposed endeavor and the individual being well positioned to advance 
that endeavor, taken together, provide benefits to the nation such that a waiver of the labor certification 
requirement outweighs the benefits that ordinarily flow from that requirement. Here, the Petitioner 
has not demonstrated that it would be impractical either for the company to provide a job offer or to 
obtain a labor certification, or that the Beneficiary's BEV software engineering achievements 
supersede the benefit from the labor certification. 
The Petitioner also points to "the urgency of the Beneficiary's proposed endeavor," asserting that his 
"work on battery thermal management and controls is critical to the advancement of EV s and battery 
safety within the United States." While the record includes documentation relating to the benefits of 
battery safety, carbon emissions reduction, and migration away from fossil fuels as ways for 
countering climate change, this information is insufficient to show that the national interest is better 
served by a waiver of the job offer and thus the labor certification requirement. The labor certification 
process is intended to ensure that the admission of foreign workers will not adversely affect the job 
opportunities, wages, and working conditions of U.S. workers. We acknowledge the Beneficiary's 
master's degree in a STEM field (Computer Science); his nine years of experience in embedded 
software development, software controls, thermal control management for batteries, and controls and 
instrumentation; and his contribution to software engineering projects for bothl land the 
Petitioner, but the evidence in the aggregate is not sufficient to show that a national interest waiver 
outweighs the benefits inherent to the labor certification process. 
8 
The Petitioner has not shown that the Beneficiary offers contributions of such value that, on balance, 
it would be beneficial to the United States to waive the job offer and labor certification requirements 
even assuming that other qualified U.S. workers are available. 
III. CONCLUSION 
As the Beneficiary has not met the 
requisite first and third prongs of the Dhanasar analytical framework, 
we conclude that the Petitioner 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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