dismissed EB-2 NIW Case: Systems Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 9822241 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 27, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a systems engineer and project manager, seeks second preference immigrant 
classification 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 Petitioner qualified 
for classification as a member of the professions holding an advanced degree, but that she had not 
established that a waiver of the required job offer , and thus of the labor certification, would be in the 
national interest. 
With the appeal, the Petitioner submits additional documentation and a brief asserting that she 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. 
The regulation at 8 C.F.R. § 204.5(k)(4)(ii) states, in pertinent part, "[t]o apply for the [national 
interest] exemption the petitioner must submit Form ETA-750B, Statement of Qualifications of Alien, 
in duplicate." 4 The Petitioner did not execute this required document for the petition, and therefore 
she has not properly applied for the national interest waiver. For this reason, the Petitioner has not 
established eligibility for the benefit sought. Furthermore, as outlined below, we agree with the Director 
that the Petitioner has not sufficiently demonstrated eligibility for a national interest waiver under the 
Dhanasar analytical framework. 
With regard to her proposed endeavor, the Petitioner initially indicated that she "seek[s] employment 
in Information Technology area as Director Project Management Office (PMO) Manager in 
government agencies or private companies." In this capacity, she stated that she intended to "[d]efine 
and develop the strategic role of a PMO"; "[d]evelop and define the project management process, 
standards, deliverables and operational cadence necessary to ensure consistent project execution"; 
"[f]acilitate the prioritization and planning process both within departments and across the executive 
team to ensure clear, well communicated plans and progress is [sic] established organization wide"; 
"[ e ]stablish processes and tools for the regular tracking and reporting of progress on all projects and 
departmental efforts"; and"[ c ]omplete all responsibilities as outlined on an annual performance plan." 
The Director issued a request for evidence (RFE) asking the Petitioner to provide clarification as to 
"what type of endeavor [the Petitioner] plans to pursue in the United States." She was informed that 
she 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 asserted that she intended to pursue her "Project 
Ability" initiative which is aimed at having "students learn and demonstrate abilities and experiences 
in computer programming and project management in the real world." She explained that the purpose 
of Project Ability is to "[t]each computer programming and project management to minority females 
and students with disabilities free of cost" and "[g]enerate knowledge and a community in which 
students are encouraged to seek equal opportunity for work and other future endeavors." In addition, 
the Petitioner indicated that she planned "to provide mentorship, instruction and support" to students 
3 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
4 Alternatively, USCIS will accept parts J, K, and L of Form ETA 9089, Application for Permanent Employment 
Certification. 
3 
by conducting code clubs, camps, and mentorship sessions. With respect to code clubs, the Petitioner 
stated that these after-school programming clubs offer "students the opportunity to learn in a social 
and safe environment." 
In her appeal brief: the Petitioner discusses h;.:::e.:..r..:::d:..:::e...:..v.::cel::..::o:...t:p..:.:m:.:.e::.:n;.:;.:t:....:o::.;:f:....!l=======-==-~'....:a=:n.:..1;:;:·n:..::s..:.:tr:..::u:..::c..:.:ti:..::o..:.:n=a.:.....l 
program that seeks "to increase participation._! _____________________ __.I 
in science, technology, engineering, and mathematics (STEM) fields in the United States." The 
Petitioner states: "As Founder o~ I I can ensure more children, especially children 
with disabilities and girls, have an opportunity to experience and learn coding and project 
management. . . . . The students I teach are interested in com uter science or related fields." She 
explains that .__ ____________________________ ___. software 
applications to introduce the above-discussed subgroups of children and adults to software and 
technology in an inclusive learning environment through the use of interactive media projects (i.e. 
" The Petitioner farther indicates that I I currently L..---------------r~-------, 
holds in person instruction 1""· n"-'--------...i..=a""'n-=d""'h""'a:c::sc..:a~l.:::..so"'---"b;..:e=-==u""n'-v"""i"""rtu=a""l""'in""'s""t"""ru""'c.::.;t""io""'n=-=-to~in""'d-=1"-'· v""'i-=d=u=al"""s 
across the United States i 
I I" 5 She also asserts t-h-._a_t _s_h_e_h_a_s_c--u-l-ti_v_a-te-d-re_l_a-ti_o_n_s_h-ip_s_w_i-th_n_o_n_p_ro_fi_1_t -o-rg_a_n_i_z-at_i_o_n_s-in_t_e_r_e-st_e_.d 
in having her hostl I sessions. 6 
The record includes various articles discussing the benefits of STEM education for.__ ______ _. 
Furthermore, the Petitioner provided information relating to the 
effect of STEM education on financial security, student demographics id I creative computing, 
the Project Management Toolkit for Teachers®, the Promoting Women in Entrepreneurship Act, 
President Trump's "Memorandum for STEM Education Funding," the U.S. strategy for STEM 
education, and the state of computer science education in the United States. She also presented an 
article about the participation of~ ___________________ _. in science and 
engineering. The record therefore shows that the Petitioner's proposed endeavor aimed at closing the 
diversity gap in STEM fields has substantial merit. 
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 
farther 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 
5 The appellate submission includes ten letters from volunteers and parents iJ._ __ ---.---------.------' 
I L andl µiscussing their or th · · ' · 
6 The record includes letters from the office manager for a nonprofit organization that assists women 
i~ ~' the executive director of ( a · · · des business resources to 
unders~ryed 9ommunities in the~ ____ area), and the manager o a child care centerc=J 
I _L: ) stating that their organizations accepted the Petitioner's offer to host ,.._ _____ ......,,=LI..IJ.L.:....J.I.IJ....LJ..LJ..JJ...., 
clients or students. In addition, the Petitioner provides a letter from a board member o ~------------' 
(a nonprofit organization that fosters self-sustainable communities in developing parts of the world) indicating that the 
organization "plans to set up one-on-one tutor sessions" througH I to prepare "children for success in 
their educational and financial goals." 
4 
economically depressed area, for instance, may well be understood to have national importance." Id. 
at 890. 
The Petitioner asserts on appeal that she is committed to expanding ! I in more states 
in the U.S. by recruiting investors, creating partnerships with nonprofits, and generating jobs as well." 
She contends that her proposed endeavor stands to "further human knowledge" fod I I I In addition , the Petitioner argues that her undertaking offers a 
"significant economic impact" for the aforementioned groups. She further claims that her "endeavor 
has national importance by fulfilling congressional and presidential mandates." 
To evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement 
we look to evidence documenting the "potential prospective impact" of her work. In the present matter, 
the Petitioner's evidence is insufficient to show that her proposed work haJ broader jmp]jcatjor for her 
field, as opposed to being limited to the students who participate in he .__ ______ ...,sessions. 
While we acknowledge the merits of her work to create an inclusive learning environment and improve 
students ' STEM skills, the record does not demonstrate that the Petitioner' s instructional activities 
offer benefits that extend beyond her program to impact the educational field or U.S. economy more 
broadly at a level commensurate with national importance . Likewise , 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 ]bile the Petitioner asserts that her propos.ed-, 
work has implications that "extend beyond! ... to impact not only the entire StateLJ 
I I but the rest of the nation as a whole," she has not demonstrated that her undertaking has 
implications beyond the students engaged in her program . 
Furthermore , the Petitioner has not demonstrated that the specific endeavor she proposes to undertake 
has significant potential to employ U.S. workers or othe · tial positive economic 
effects for our nation. Specifically, she has not shown tha L---,--,--___,,,...-..,......i,------ifuture staffing levels 
and instructional activity stand to provide substantial economic benefits in or the United States. 
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation 
attributable tol I the record does not show that benefits to the U.S. regional or national 
economy resulting from her educational program would reach the level of "substantial positive economic 
effects" contemplated by Dhanasar. Id. at 890. Accordingly, the Petitioner's proposed work does not 
meet the first prong of the Dhanasar framework. 
Because the documentation in the record does not establish the national importance of her 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 her eligibility under the second 
and third prongs outlined in Dhanasar , therefore, would serve no meaningful purpose. 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we conclude 
that she has not established she 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. 
5 
ORDER: The appeal is dismissed. 
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