remanded EB-2 NIW Case: Accounting

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: OCT. 23, 2024 In Re: 34816812 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner 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 immigrant 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 qualified 
for the EB-2 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. The matter is now before us on appeal pursuant to 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). While we conduct de novo review on 
appeal, Matter of Christo 's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015), we conclude that a remand 
is warranted in this matter. The Director's conclusions with respect to the Petitioner's eligibility for 
EB-2 classification appear to conflict with evidence in the record rendering the decision insufficient 
for appellate review. Accordingly, we will withdraw the Director's decision and remand the matter 
for entry of a new decision consistent with the following analysis. 
I. EB-2 CLASSIFICATION 
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. Section 203(b )(2)(B)(i) of the Act. The 
regulation at 8 C.F .R. § 103 .2(b )( 1), requires a petitioner to establish eligibility for the benefit sought 
at the time of filing the petition. 
The Petitioner filed this petition in October 2023. At the time of filing, the Petitioner was a graduate 
student in an MBA program at with expected completion date in December 
2023. Because the Petitioner had not completed his MBA program at the time of filing, to be eligible 
for EB-2 classification as an advanced degree professional, he must establish he holds a U.S. 
baccalaureate degree (or foreign equivalent) followed by at least five years of progressive, post­
baccalaureate experience in the specialty, which together is considered equivalent to a U.S. master's 
degree. The Petitioner provided evidence to establish his completion of a bachelor's degree in 
accounting and related coursework from a Nigerian university and relies on a combination of his 
bachelor's degree and several years of work experience as a public accountant to establish his 
eligibility for EB-2 classification. 
When the Director issued their request for additional evidence (RFE), they concluded that the 
Petitioner established his eligibility for EB-2 classification as a member of the professions holding an 
advanced degree, stating "t[]he petitioner provided his diploma for his Bachelor of Science in 
Accounting. The degree was issued from Babcock University on June 4, 2006." But the Petitioner did 
not provide any evidence to establish his foreign degree is equivalent to a U.S. bachelor's degree. 1 In 
addition, he must establish his U.S. baccalaureate degree ( or foreign equivalent) was followed by at 
least five years of progressive, post-bachelor's experience in the specialty, which together is 
considered the equivalent of an advanced degree. 
We note that the Petitioner provided his professional resume, listing his bachelor's degree ( completed 
in June 2006), and work experience starting in 2007. While the Petitioner's resume is helpful to our 
understanding of his professional background, a resume alone is insufficient to meet his burden to 
demonstrate the required five years of progressive, post-bachelor's experience in the specialty. See 
Matter of Chawathe, 25 I&N Dec. at 375 (standing for the proposition that to determine whether a 
petitioner has met their burden under the preponderance standard, we consider the quality, relevance, 
probative value, and credibility of the evidence). Instead, U.S. Citizenship and Immigration Service 
(USCIS) requires letter(s) from current or former employer(s) that include the name, address, and title 
of the writer, with a specific description of the duties performed to establish the Petitioner's post­
baccalaureate work experience. The Petitioner provided a letter to substantiate his work experience, 
which verifies that he worked at I I in West Africa from April 2019 to May 2022 as a financial 
controller. The letter also mentions that he worked as a commercial finance manager. However, no 
dates were provided, and no details of his actual job duties for either position were included. Id. Thus, 
the letter is insufficient to understand the nature of his experience in the years following completion 
of his bachelor's degree. Id. Moreover, the letter only describes his work between April 2019 and 
May 2022, which is not a five-year period. Id. Finally, we note that although the Petitioner has 
independently verified his membership in the Institute of Chartered Accountants of Nigeria, this 
evidence is insufficient to establish that he has five years of post-baccalaureate, progressive work 
experience in a specialty, such that he can be classified as an EB-2 advanced degree professional. Id. 
Taken together, this evidence is insufficient to meet the Petitioner's burden of demonstrating his 
eligibility for EB-2 classification. Id. 
1 For purposes of determining whether a foreign degree is equivalent to a U.S. bachelor's degree, USCIS reviews the 
Electronic Database for Global Education (EDGE), created by the American Association of Collegiate Registrars and 
Admissions Officers (AACRAO), to confirm the claimed equivalency of a foreign degree. See 
https:/ /www.aacrao.org/edge. 
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II. THE ENDEAVOR'S NATIONAL IMPORTANCE 
If the Director concludes on remand that the Petitioner has demonstrated categorical eligibility 
for classification as an employment-based, EB-2 second preference permanent immigrant, they may 
consider if the Petitioner merits a discretionary waiver of the job offer requirement "in the national 
interest." Section 203(b )(2)(B)(i) of the Act. While neither the statute nor the pertinent regulations 
define the term "national interest," Matter of Dhanasar, 26 T&N Dec. 884 ( AAO 2016), provides the 
framework for adjudicating national interest waiver petitions. Dhanasar states that USCIS may, as 
matter of discretion, 2 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 the proposed endeavor; and 
• On balance, waiving the requirements of a job offer and a labor certification would benefit the 
United States. 
Id. at 889. 
Upon de novo review, we note that the Petitioner's proposed endeavor to work as a public accountant 
for businesses and other clients does not appear to meet the first prong of the Dhanasar framework, 
which requires a petitioner to establish their endeavor is of substantial merit and national importance. 
The Director concluded that the Petitioner's endeavor has substantial merit. We agree. However, the 
record as presently constituted does not appear to establish the endeavor's national importance. 
Throughout these proceedings, the Petitioner asserts that his endeavor is of national importance 
because it will lead to economic growth and efficiency for the entities to which he will provide his 
public accounting services. The Petitioner asserts that because he is proficient in artificial intelligence 
and machine learning tools, he is able to automate mundane tasks for businesses, and that with his 
expertise, this will lead to more optimization of investment decisions, increased innovation to attract 
investment, streamlining of business operations while minimizing risks and increasing fraud detection. 
The Petitioner cites to a program he created at a former employer to automate their accounting process, 
and which he asserts led to increased revenue. We acknowledge that the field of accounting is 
important, and that artificial intelligence and machine learning tools are helping businesses automate 
processes. We further acknowledge the Petitioner's evidence demonstrating that there is a shortage 
of workers in his field. However, shortages of qualified workers are directly addressed by the U.S. 
Department of Labor through the labor certification process. And, as we explained in our decision in 
Dhanasar, merely working in an important field or profession is insufficient to establish the national 
importance of the proposed endeavor. Matter of Dhanasar, 26 I&N Dec. at 889. In determining 
whether the proposed endeavor has 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." Id. Here, the Petitioner's assertions 
do not appear sufficiently detailed or probative to establish the national importance of his proposed 
endeavor. Matter ofChawathe, 25 I&N Dec. at 375-76; and see 1756, Inc. v. US. Att'y Gen., 745 F. 
2 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Third, Ninth, Eleventh, and D.C. Circuit Courts to 
conclude the national interest waiver determination is discretionary in nature). 
3 
Suppl. 9, 15 (D.D.C. 1990) (holding that an agency need not credit conclusory assertions m 
immigration benefits adjudications). 
III. CONCLUSION 
For the above reasons, we will withdraw the Director's decision and remand this matter for further 
consideration and entry of a new decision. On remand, the Director should review the entire record, 
including the Petitioner's appeal, and determine whether he has established eligibility for the 
underlying classification as an advanced degree professional and whether he merits an exercise of 
favorable discretion under the Dhanasar analytical framework to waive the requirement of a job offer 
and thus the labor certification. The Director may request any additional evidence considered pertinent 
to the determination prior to issuing a new decision. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
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