remanded EB-2 NIW Case: Mechanical Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 9433790 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEPT. 24, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a mechanical engineer, 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 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 a waiver of the required job offer, and thus of the labor certification, would be in the 
national interest. 
On appeal, the Petitioner submits additional documentation and a brief asserting that he is eligible for 
the EB-2 classification as a member of the professions holding an advanced degree and for a national 
interest waiver under the Dhanasar framework. 
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 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. 
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, aits, 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. 
Fmthe1more, while neither the statute nor the pe1tinent 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 
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. 
The first prong, substantial merit and national impmtance, 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. 
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, 
1 In announcing this new framework, we vacated our p1ior precedent decision, Matter of New York State Department of 
Transportation, 22 l&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 discretionary in nature). 
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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 
II. ANALYSIS 
A. Member of the Professions Holding an Advanced Degree 
In order to show an individual is a professional holding an advanced degree, the petition must be 
accompanied by "[a]n official academic record showing that the alien has a United States advanced 
degree or a foreign equivalent degree." 8 C.F.R. § 204.5(k)(3)(i)(A). Alternatively, the Petitioner 
may present "[a]n official academic record showing that the alien has a United States baccalaureate 
degree or a foreign equivalent degree, and evidence in the form of letters from current or former 
employer(s) showing that the alien has at least five years of progressive post-baccalaureate experience 
in the specialty." 8 C.F.R. § 204.5(k 3 i B . The Director's decision did not anal ze the Petitioner's 
mechancial engineering degree from~----------------~or his subsequent 
experience in his specialty to make a finding as to whether he qualifies as a member of the professions 
holding an advanced degree. 
B. National Interest Waiver 
The remaining issue is whether the Petitioner has established that a waiver of the requirement of a job 
offer, and thus a labor certification, would be in the national interest. 
1. Substantial Merit and National Importance of the Proposed Endeavor 
Regarding his claim of eligibility under Dhanasar' s first prong, the Petitioner indicated that he seeks to 
work as a "Senior Mechanical Engineer" forl I, "a 
Florida-based company specializing in the provision of mechanical engineering services pertaining to the 
I !processing sectors." He asserted that his proposed endeavor involves 
advising clients in the aforementioned sectors as well as inl I I I for industrial settings. The Petitioner further stated that his undertaking is aimed at "the effective 
3 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
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execution and management" of0s mechanical ~nginering projects. In addition, the Petitioner 
explained that his proposed work includes "support o s customers through consultation services, 
wherein he will impart his invaluable expertise and technological know-how on a variety of topics and 
projects requiring implementation of complex mechanical engineering concepts and tools." 
To evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement 
we look to evidence documenting the "potential prospective impact" of his work. 4 The Director's 
decision, however, did not render a determination as to whether the Petitioner satisfies prong one of the 
Dhanasar analytical framework. 
2. Well Positioned to Advance the Proposed Endeavor 
As evidence for Dhanasar' s second prong, the Petitioner offered documentation of his academic 
credentials, professional training certificates, and business plan for D He also provided 
recommendation letters discussing his work experience and interest in his company's services. While 
the Director's decision briefly mentioned the recommendation letters and training certificates, it did 
not include a proper analysis of the content of the letters or a sufficient discussion of the evidence 
presented under this prong of the Dhanasar framework. 
3. Balancing Factors to Determine Waiver's Benefit to the United States 
With respect to prong three of the Dhanasar precedent decision, the Petitioner claimed that he is eligible 
for a waiver due to the benefit his occupation provides to a variety of U.S. industries, a projected 
shortage of engineers in our country, and his experience and expertise in the mechanical engineering 
field. The Director's decision listed five factors that USCIS may consider in determining whether, on 
balance, it would be beneficial to the United States to waive the requirement of a job offer and thus of a 
labor certification, but did not evaluate the Petitioner's arguments and evidence as they relate to these 
factors. Instead, the Director's decision improperly concluded that because the Petitioner had not 
satisfied the second prong of the Dhanasar framework, he therefore did not meet prong three. Without 
a proper evaluation of the evidence in accordance with the factors identified in the Dhanasar precedent 
decision, the Director's determination regarding prong three was in error. 
III. CONCLUSION 
We are therefore remanding the petition for the Director to consider whether the Petitioner has satisfied 
the eligibility requirements for classification as member of the professions holding an advanced 
degree. In addition, the Director should properly apply all three prongs of the Dhanasar analytical 
4 Although the Petitioner's statements reflect his intention to offer valuable mechanical engineering consulting services to 
his company's clients, the Director should consider whether the Petitioner has presented sufficient information and 
evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance. In 
Dhanasar, we determined that the petitioner's teaching activities did not rise to the level of having national importance 
because they would not impact his field more broadly. Id. at 893. In the instant case, the Director should consider whether 
the record shows that the Petitioner's proposed endeavor stands to sufficiently extend beyond his company and its future 
clients to impact the.__ ___ .........,,,---______ _.._ndustries more broadly at a level commensurate with national 
importance. Furthermore, the Director should consider whether the record demonstrates that the specific endeavor the 
Petitioner proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive 
economic effects for our nation. 
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framework to make a determination as to whether the Petitioner has established that a waiver of the 
requirement of a job offer, and thus a labor certification, would be in the national interest. 
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 ce1iified to us for review. 
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