remanded EB-2 NIW Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF W-E-H-1-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 23, 2019 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an information technology manager, seeks second preference immigrant classification 
as a member of the professions holding an advanced degree and 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. § l 153(b)(2). After a 
petitioner has established eligibility for EB-2 classification, U.S. Citizenship and Immigration 
Services (USCIS) may, as matter of discretion, grant a national interest waiver if the petitioner 
demonstrates: (1) that 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. Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). 
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, 
finding that the Petitioner had not established he qualified for classification as an individual of 
exceptional ability. 1 
On appeal, the Petitioner submits additional documentation and a brief asserting that he is eligible for 
the EB-2 classification and for a national interest waiver. 
Upon de nova review, we will remand the matter to the Director for further action and consideration. 
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. 
1 The Director did not make a finding regarding the Petitioner's claimed eligibility as a member of the professions holding 
an advanced degree. 
Matter of W-E-H-1-
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. 
The regulation at 8 C.F.R. § 204.5(k)(2) contains the following relevant definition: 
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. 
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. 884.2 Dhanasar states that after EB-2 eligibility has been 
established, USCIS may, as a matter of discretion, grant a national interest waiver when the below 
prongs are met. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
foreign national proposes to undertake. The endeavor's merit may be demonstrated in a range of areas 
such as business, entrepreneurialism, science, technology, culture, health, or education. In 
determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. 
2 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 
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Matter of W-E-H-1-
The second prong shifts the focus from the proposed endeavor to the foreign national. To determine 
whether he or she is well positioned to advance the proposed endeavor, we consider factors including, 
but not limited to: the individual's education, skills, knowledge and record of success in related or 
similar efforts; a model or plan for future activities; any progress towards achieving the proposed 
endeavor; and the interest of potential customers, users, investors, or other relevant entities or 
individuals. 
The third prong requires the petitioner to demonstrate 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. In performing 
this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the foreign 
national's qualifications or the proposed endeavor, it would be impractical either for the foreign 
national to secure a job offer or for the petitioner to obtain a labor certification; whether, even assuming 
that other qualified U.S. workers are available, the United States would still benefit from the foreign 
national's contributions; and whether the national interest in the foreign national's contributions is 
sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) 
considered must, taken together, indicate 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. 3 
11. ANALYSIS 
A Member of the Professions Holding an Advanced Degree 
The Petitioner presented the official academic record for his Bachelor of Science degree in Physics and 
Astronomy (September 2000) from and an academic credentials evaluation indicating 
that the aforementioned degree is the foreign equivalent of the U.S. degree of Bachelor of Science in 
Physics/Astronomy earned at a regionally accredited institution of higher education in the United States. 
In addition, he submitted a June 2018 letter from Human Resource Manager at 
discussing his work experience for that company as a technology manager since 
February 2007. This letter includes a specific description of the Petitioner's duties and lists his four 
pos1t1ons: Consulting Technology Manager (February 2007 - August 2010), Senior Technology 
Manager (August 2010 - November 2014), Senior Technology Technical Manager (November 2014 -
March 2016), and Senior Technology Solution Manager (March 2016- present). 
We find that the aforementioned letter from OSL offers sufficient information to demonstrate that the 
Petitioner has at least five years of progressive post-baccalaureate experience in information technology 
management to constitute the equivalent to an advanced degree in that specialty. See 8 C.F.R. 
§ 204.5(k)(2) and 8 C.F.R. § 204.5(k)(3)(i)(B). Accordingly , the Petitoner has established that he 
qualifies for classification as a member of the professions holding an advanced degree. 4 
3 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
4 Because the Petitioner qualifies for the underlying visa classification as a member of the professions holding an advanced 
degree, discuss ion of his eligibility as an individual of exceptional ability would serve no meaningful purpose. 
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Matter of W-E-H-1-
B. National Interest Waiver 
The remaining issue is whether the Petitioner has established that a waiver of the requirement of a job 
off er, and thus a labor certification, is in the national interest. The Director did not analyze or make a 
finding on this issue. 
III. CONCLUSION 
We are therefore remanding the petition for the Director to apply the Dhanasar analytical framework 
to make a determination as to whether the Petitioner has established that a waiver of the requirement of 
a job off er, and thus a labor certification, would be in the national interest. In visa petition 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; Matter of Skirball Cultural Ctr., 25 I&N Dec. 799, 806 (AAO 2012). 
ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing opinion and for the entry of a new decision 
which, if adverse, shall be certified to us for review. 
Cite as Matter of W-E-H-1-, ID# 2920202 (AAO Apr. 23, 2019) 
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