dismissed EB-2 NIW Case: Woodcarving

U.S. Citizenship 
and Immigration 
Services 
In Re: 20150308 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: FEB. 14, 2022 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a woodcarving artist, seeks second preference immigrant classification 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 Texas Service Center denied the petition, concluding that the Petitioner had not 
established that he was individual of exceptional ability. 
On appeal, the Petitioner submits additional evidence and a brief asserting that he meets the 
requirements of the requested classification. 
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 of job 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. 
Section 101(a)(32) of the Act provides that "[t]he term 'profession' shall include but not be limited to 
architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, 
colleges, academics, or seminaries." 
The regulation at 8 C.F.R. § 204.5(k)(2) contains the following relevant definitions: 
Advanced degree means any United States academic or professional degree or a foreign 
equivalent degree above that of baccalaureate. A United States baccalaureate degree 
or a foreign equivalent degree followed by at least five years of progressive experience 
in the specialty shall be considered the equivalent of a master's degree. If a doctoral 
degree is customarily required by the specialty, the alien must have a United States 
doctorate or a foreign equivalent degree. 
Exceptional ability in the sciences, arts, or business means a degree of expertise 
significantly above that ordinarily encountered in the sciences, arts, or business. 
Profession means one of the occupations listed in section 10l(a)(32) 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 in the occupation. 
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 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 See also Poursina v. USCIS, No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS' decision to grant or 
deny a national interest waiver to be discretionmy in nature). 
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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. See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
II. ANALYSIS 
In denying the petition, the Director determined that the Petitioner had not met any of the criteria at 
8 C.F.R. § 204.5(k)(3)(ii). On appeal, the Petitioner asserts that he meets the five criteria addressed 
below.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's diploma, transcript, and evaluation establish that the Petitioner meets the requirements 
of this criterion. We, therefore, withdraw the Director's finding on this issue. 
We note, however, that section 203(b )(2)(C) of the Act provides that the possession of a degree, 
diploma, certificate or similar award from a college, university, school or other institution of learning 
shall not by itself be considered sufficient evidence of exceptional ability. 
Evidence in theform of letter(s) fi·om 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 Petitioner submitted a copy of his "Employment Record Book" (ERB) and accompanying 
translation to satisfy this requirement. The plain language of the regulation, however, requires letter(s) 
which 1) are from current or former employers and 2) establish ten years offull-time experience in the 
occupation (emphasis added). Not only has the Petitioner not demonstrated that the ERB is the 
equivalent of a letter from a current or former employer, but it also does not establish at least ten years 
of full-time experience as a woodcarver. 4 
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 evidence relating to his 2019 U.S. tax return indicating that he earned $300 
in "wages, salaries, tips, etc." To satisfy this criterion, however, the evidence must show that he has 
3 As the Petitioner does not address the remaining criterion, we consider it abandoned. See Matter of R-A-M-. 25 I&N 
Dec. 657. 658 n.2 (BIA 2012) (stating that when a filing party fails to appeal an issue addressed in an adverse decision, 
that issue is waived). See also Sepulveda v. U.S. Att 'v Gen., 401 F.3d 1226. 1228 n. 2 (11th Cir. 2005). citing United States 
v. Cunningham. 161 F.3d 1343, 1344 (11th Cir. 1998); Hristov v. Roark. No. 09-CV-27312011, 2011 WL 4711885 at *1 
*9 (E.D.N.Y. Sept. 30, 2011) (plaintiffs claims were abandoned as he failed to raise them on appeal to the AAO). 
4 We note, for example, that from March 31, 2003 until March 31, 2006, the Petitioner's employment is listed as "carpenter 
machine operator." Further, the ERB does not indicate whether past employment was on a full or part-time basis, nor does 
it provide any job description or duties. 
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commanded a salary or remuneration for services that is indicative of his claimed exceptional ability 
( emphasis added). Without more, the Petitioner has not established that he meets this criterion. 
Evidence of membership in professional associations. 8 C.F.R. § 204.5(k)(3)(ii)(E). 
The Petitioner submitted a photocopy of a membership card from the National Wood Carvers 
Association. First, the card does not include the Petitioner's name and, thus, does not establish that the 
Petitioner is, in fact, a member. Regardless, he did not provide any supporting evidence, such as the 
membership requirements, which establishes that it is a professional organization. As noted above, 
profession is defined as "one of the occupations listed in section 10l(a)(32) 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 in the occupation." 8 C.F.R. § 204.5(k)(2). 
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 record includes a variety of participation and gratitude certificates, recommendation letters, 
articles, and photographs of the Participant's work. The plain language of the criterion requires 
recognition for both achievements and significant contributions to the industry or field. However, without 
additional evidence, such as objective information regarding the significance of the publications, 
requirements to receive these certificates, and the Petitioner's specific and significant contributions to the 
field of woodworking, the Petitioner has not established that he meets this criterion. 
On appeal, the Petitioner submits a copy of a citation from the ______ dated August 24, 
2021. The Petitioner, however, must establish eligibility at the time of filing. 8 C.F.R. § 103.2(b)(l2); 
Matter of Katigbak, 14 T&N Dec. 45, 49 (Comm'r 1971 ). Regardless, he has not explained or established 
how a citation "recognizing, honoring, and thanking" the Petitioner demonstrates that he meets this 
criterion. 
For the reasons set forth above, 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) and has achieved the level of expertise required for 
exceptional ability classification. As the Petitioner has not met the threshold requirement for this 
classification, further analysis of his eligibility for a national interest waiver would serve no 
meaningful purpose. 
III. CONCLUSION 
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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