dismissed EB-2 NIW Case: Trucking

U.S. Citizenship 
and Immigration 
Services 
In Re: 24808895 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 14, 2023 
Form I-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner seeks classification as an individual of exceptional ability in the sciences , arts or 
business. See Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2). 
The Petitioner also seeks a national interest waiver of the job offer requirement that is attached to this 
EB-2 immigrant classification. See section 203(b )(2)(B)(i) of the Act. U.S. Citizenship and 
Immigration Services (USCIS) may grant this discretionary waiver of the required job offer, and thus 
of a labor certification, when it is in the national interest to do so. 
The Director of the Texas Service Center denied the petition, concluding that the record did not 
establish that the Petitioner qualifies for the underlying visa classification. The matter is now before 
us on appeal. 8 C.F.R. § 103 .3. 
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 Christo 's, Inc., 26 I&N Dec . 537,537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
To qualify for a national interest waiver, a petitioner must first show eligibility 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. Section 203(b)(2)(B)(i) of the Act. 
Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the 
sciences, arts, or business. 8 C.F.R. § 204.5(k)(2). A petitioner must initially submit documentation 
that satisfies at least three of six categories of evidence. 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F). Meeting 
at least three criteria, however, does not, in and of itself, establish eligibility for this classification. 1 If 
a petitioner satisfies the initial criteria, we will then conduct a final merits determination to decide 
whether the evidence in its totality shows that they are recognized as having a degree of expertise 
significantly above that ordinarily encountered in the field. 
1 USCIS has previously confirmed the applicability ofthis two-part adjudicative approach in the context of individuals of 
exceptional ability. See generally 6 USCIS Policy Manual F.5(B)(2) , https: //www.uscis.gov/policy-manual/volume-6-
part-f-chapter-5. 
Once a petitioner demonstrates EB-2 eligibility, they mustthen establish thatthey merit a discretionary 
waiver of the job offer requirement "in the national interest." Section 203(b )(2)(B)(i) of the Act. 
As described, the Petitioner "seeks employment in the field of the trucking industry, eventually owning 
and operating his own trucking company, which will be engaged in interstate transportation and will 
benefit interstate commerce." 2 
Initially, the Petitioner did not indicate whether he qualified for the underlying classification as a 
member of the professions with an advanced degree or as an individual of exceptional ability. After 
the Director issued a notice of intent to deny (NOID), the Petitioner limited his response to that of an 
individual of exceptional ability. On appeal, we will address whether he has established he is an 
individual of exceptional ability based upon the four criteria claimed. 3 
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). 
The Petitioner provided a transcript and diploma in "maintenance and repair of office and computer 
equipment" and a ce1iificate in "computer skills." Although the Director determined that the Petitioner 
satisfied this criterion, the plain language of the criterion requires the education to be related to the area 
of exceptional ability. While we acknowledge the Petitioner's general statement that he "studied various 
business-related disciplines ... and attained sufficient knowledge to establish and operate a business," 
the provided transcript does not support this claim. As a result, he has not established how his diploma 
and/or ce1iificate relate to his stated area of exceptional ability as the owner and operator of a trucking 
company. Therefore, we cannot conclude that he meets this criterion and must withdraw the Director's 
determination. 
A license to practice the profession or certification for a particu Zar profession or 
occupation. 8 C.F.R. § 204.5(k)(3)(ii)(C). 
A petitioner must meet all eligibility requirements atthe time of filing the petition, which in this matter 
was October 28, 2019. 8 C.F.R. § 103.2(b)(l ). As the Petitioner's Pennsylvania commercial driver's 
license indicates that it was issued on April 21, 2021, we cannot consider it here. 
Evidence of membership in professional associations. 8 C.F.R. § 204.5(k)(3Xii)(E). 
The Petitioner relies on his membership in the Information System Security Association (ISSA) to 
establish that he meets this criterion. The Petitioner has not, however, shown that ISSA qualifies as a 
professional association. Profession is defined as one of the occupations listed in section 101(a)(32) 
2 The Petitioneropened a trucking company in 2021. 
3 When an appellant does notofferargument on an issue, that issue is abandoned. Sepulveda v. US.Atty Gen.,40 I F 3d 
1226, 1228 n.2 (11th Cir. 2005), citing United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998). See also 
Hristovv. Roark, No. 09-CV-27312011, 2011WL4711885 at* 1, *9 (E.D.N.Y. Sept. 30, 2011) (holdingthattheplaintiff 
abandoned his claims ashe failed to raise them on appeal to the AdministmtiveAppeals Office). 
2 
of the Act, as well as any occupation for which a United States baccalaureate degree or its foreign 
equivalent is the minimum requirement for entry into the occupation. 4 8 C.F. R. § 204.5 (k)(3 ). 
Without evidence which establishes that the ISSA requires a U.S. bachelor's degree or its foreign 
equivalent as the minimum education required for membership, we cannot conclude that the ISSA is 
a professional association. 
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 record contains information regarding the Petitioner's earnings, including several tax documents. 
However, the plain language of the criterion requires that it also demonstrates exceptional ability. 
Without more, the Petitioner has not met this criterion. 
For the above reasons, the evidence does not establish that the Petitioner satisfies at least three of the 
criteria at 8 C.F.R. § 204.5(k)(3)(ii). Because he has not demonstrated that he qualifies for the 
underlying EB-2 classification as an individual of exceptional ability, we decline to reach and hereby 
reserve remaining arguments concerning his national interest waiver claim. See INS v. Bagamasbad, 
429 U.S. 24, 25 (1976) (stating that "courts and agencies are not required to make findings on issues 
the decision of which is unnecessary to the results they reach"); see also Matter of L-A-C-, 26 I&N 
Dec. 516, 526 n. 7 (BIA 2015) ( declining to reach alternative issues on appeal where an applicant is 
otherwise ineligible). 
ORDER: The appeal is dismissed. 
4 Profession shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in 
elementary or secondary schools, colleges, academics, or seminaries. Section 101 ( a )(32) of the Act. 
3