remanded EB-2 NIW Case: Structural Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 11773204 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JUNE 9, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a structural 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 Nebraska 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 
a Dhanasar analysis without fust 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. 2 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 
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 
comment in the RFE whether the Petitioner qualifies for the requested second preference classification. 
2 We note that, in the RFE, the Director mischaracterized the criterion under which the Petitioner sought eligibility. The 
RFE states, "Reference is made to this Form 1-140, Immigrant Petition for Alien Worker , seeking an alien of exceptional 
ability seeking to waive the job offer requirement . ... " However, at the time of filing the Petitioner stated that he sought 
"classification as a member of the professions holding an advanced degree requesting a national interest waiver of the 
requirement of a job offer." 
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 farther 
proceedings consistent with the foregoing analysis and entry of a new decision. 
2