remanded EB-2 NIW Case: Entrepreneurship

U.S. Citizenship 
and Immigration 
Services 
In Re: 10981016 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY 12, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, an entrepreneur, seeks second preference immigrant classification as a member of the 
professions holding an advanced degree, or alternatively 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]etitione r 
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 a Dhanasar 
analysis without first concluding whether the Petitioner qualifies for a second preference classification 
as a member of the professions holding an advanced degree. 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. See section 203(b )(2) of the Act. 
Accordingly, the matter will be remanded to the Director to conduct a final merits determination of 
the advanced degree issue and enter a new decision. The Director may request any additional evidence 
considered pertinent 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ORDER: The decision of the Director is withdrawn.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. 
1 Similarly, in a prior request for evidence (RFE), the Director noted that "[i]n order to establish eligibility , the [P]etitioner 
must 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 
conclude in the RFE that the Petitioner qualifies for the requested second preference classification .