remanded EB-2 NIW Case: Business Administration

U.S. Citizenship 
and Immigration 
Services 
In Re: 21982972 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 22, 2022 
Form I-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a general and operations manager, seeks second preference immigrant classification as 
a member of the professions holding an advanced degree or, in the alternative , 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 , noting that "[a]fter the [P]etitioner has 
established .. . eligibility for second preference classification under section 203(b )(2)(A) of the [ Act], 
[U.S. Citizenship and Immigration Services] may grant a national interest waiver if the [P]etitioner 
demonstrates by a preponderance of evidence that [the criteria established in Matter of Dhanasar, 
26 I&N Dec. 884 (AAO 2016), have been satisfied]." The Director proceeded to conduct aDhanasar 
analysis without first concluding whether the Petitioner qualifies for a second preference classification 
as a member of the professions holding an advanced degree or, in the alternative, as an individual of 
exceptional ability. 1 
While we conduct de nova review on appeal , we conclude that a remand is warranted in this case 
because the Director's decision is insufficient for review. As presently constituted, the record does 
not establish whether the Petitioner qualifies as a member of the professions holding an advanced 
degree or, in the alternative, as an individual of exceptional ability. See section 203(b)(2) of the Act. 
We note that, although the record contains an evaluation of the Petitioner's academic credentials , the 
evaluation addresses the Petitioner's foreign degree in architecture , a specialty dissimilar to business 
administration, the focus of the proposed endeavor. See 8 C.F.R. § 204.5 (k)(2) (requiring a qualifying 
degree and experience to be "in the specialty"); see also 8 C.F.R. § 204.5(k)(3)(ii)(A) (requiring an 
official academic record establishing that the noncitizen has a degree or similar award from a college, 
1 Similarly , in a prior request for evidence , the Directornoted that " [i]n order to establish eligibility, the [P]etitionermust 
establish that. .. [he] qualifies for the requested classification ; and [a]n exemption from the requirement of a job offer, 
and thus of a labor certification , is in the national interest of the United States." However, the Director did not comment 
on whether the Petitioner qualifies fortherequested classification . 
university or other institution of learning "relating to the area of exceptional ability" to satisfy that 
criterion). 
Accordingly, the matter will be remanded to the Director to determine if the Petitioner has established 
eligibility for the underlying classification as a member of the professions holding an advanced degree 
or, in the alternative, as an individual of exceptional ability, and to enter a new decision. The Director 
may request any additional evidence considered pe1iinent to the new determination and any other 
issue. As such, we express no opinion regarding the ultimate resolution of this case on remand. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing analysis and entry of a new decision. 
2