remanded EB-2 NIW Case: Transportation Planning

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: APR. 04, 2024 In Re: 30626816 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner seeks classification as a member of the professions holding an advanced degree or of 
exceptional ability, Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 
1153(b)(2). The Petitioner also seeks a national interest waiver of the job offer requirement that is 
attached to this employment based second preference (EB-2) classification. See section 
203(b )(2)(B)(i) of the Act, 8 U.S.C. § 1153(b )(2)(B)(i). U.S. Citizenship and Immigration Services 
(USCIS) may grant this discretionary waiver of the required job offer, and thus of a labor certification, 
when it is in the national interest to do so. See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) 
(joining the Ninth, Eleventh, and D.C. Circuit Courts (and Third in an unpublished decision) in 
concluding that USCIS' decision to grant or deny a national interest waiver to be discretionary in 
nature). 
The Director of the Texas Service Center denied the petition, concluding the record did not establish 
that a waiver of the required job offer, and thus of the labor certification, would be in the national 
interest. The matter is now before us on appeal pursuant to 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 I&N Dec. 53 7, 537 n.2 (AAO 2015). Upon de novo review, 
we will withdraw the Director's decision and remand the matter for entry of a new decision consistent 
with the following analysis. 
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. 
Whilst 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 (AAO 2016). Dhanasar states that users may as a matter of discretion 
grant a national interest waiver of the job offer, and thus of the labor certification, to a petitioner 
classified in the EB-2 category if they demonstrate that (1) the noncitizen's proposed endeavor has 
both substantial merit and national importance, (2) the noncitizen 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 importance, focuses on the specific endeavor the 
noncitizen 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 noncitizen. To determine whether 
the noncitizen 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, progress towards achieving the proposed endeavor, and 
the interest of potential customers, users, investors, or other relevant entities or individuals are also 
key considerations. 
The third prong requires the petitioner to demonstrate that, on balance of applicable factors, it would 
be beneficial to the United States to waive the requirements of a job offer and thus of a labor 
certification. users may evaluate factors such as whether, in light of the nature of the noncitizen' s 
qualification or the proposed endeavor, it would be impractical either for the noncitizen to secure a 
job offer or for the petition to obtain a labor certification; whether, even assuming that other qualified 
U.S. workers are available, the United States would still benefit from the noncitizen's contributions; 
and whether the national interest in the noncitizen's contributions is sufficiently urgent to warrant 
forgoing the labor certification process. Each of the factors 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. 
II. ANALYSIS 
The Petitioner proposed to continue their research on transportation safety, transportation mobility, 
and urban transportation planning to identify and analyze transportation safety and traffic congestion 
factors to improve transportation systems, primarily with emphasis 
on the shipping industry. 
The first prong of the Dhanasar analytical framework, concerning the substantial merit and national 
importance of the proposed endeavor, focuses on the specific endeavor that the individual 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. Dhanasar, 
26 I&N Dec. at 889. 
In their decision, the Director determined that the Petitioner's proposed endeavor is of substantial 
merit. Based upon the Petitioner's statement and other supporting documentation, we conclude that 
the proposed endeavor is of substantial merit. 
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For the second part of their decision regarding the first prong of the Dhanasar framework, the Director 
concluded that the Petitioner did not demonstrate that their proposed endeavor is of national 
importance. However, the Director's analysis of national importance relied upon elements from the 
third prong of the framework, in which we determine whether, on balance, it would be beneficial to 
the United States to waive the requirements of a job offer and thus of a labor certification. For 
example, immediately after concluding that the proposed endeavor does not national importance, the 
Director stated that the Petitioner had not established that "it would be beneficial to the United States 
to waive the requirements of a job offer and thus of a labor certification," and went on to list several 
third prong factors from the precedent decision. 
Later in the decision, under the bulleted heading "National importance," the Director initially (and 
correctly) explained that the focus of a national importance analysis under the Dhanasar framework 
is the specific proposed endeavor, not the field or industry in which a petitioner proposes to work. 
However, they then went on to conduct an analysis of whether the Petitioner was well positioned to 
advance their proposed endeavor, which falls under the second prong of the framework. 
An officer must fully explain the reasons for denying a visa petition in order to allow the Petitioner a 
fair opportunity to contest the decision and to allow us an opportunity for meaningful appellate review. 
See 8 C.F.R. § 103.3(a)(i); see also Matter of M-P-, 20 I&N Dec. 786 (BIA 1994)(finding that a 
decision must fully explain the reasons for denying a motion to allow the respondent a meaningful 
opportunity to challenge the determination on appeal). Here, the Director did not explain the reasons 
behind their conclusion that the Petitioner's proposed endeavor is not of national importance. 
In addition, we note that when issuing their RFE, the Director stated that the evidence of the 
Petitioner's education and experience was sufficient to establish that the Petitioner was well positioned 
to advance their endeavor, and thus met the second prong of the Dhanasar framework. However, the 
Director then reached the opposite conclusion in their decision. 
On remand, the Director should evaluate the record, including the materials provided with the appeal, 
and provide a clear and coherent analysis of the Petitioner's eligibility for a national interest waiver 
per the Dhanasar analytical framework and related USCIS policy guidance. 
III. CONCLUSION 
For the foregoing reasons, the matter will be remanded to the Director to determine whether the 
Petitioner has established: (1) the national importance of the Petitioner's proposed endeavor as 
required by the first prong of the Dhanasar precedent decision; (2) that the Petitioner is well positioned 
to advance the proposed endeavor under the second prong and; (3) on balance, it would be beneficial 
to the United States to waive the requirements of a job offer and thus of a labor certification for the 
Petitioner. The Director may request any additional evidence considered pertinent to rendering a 
decision under the foregoing analysis, and we express no opinion regarding the ultimate resolution of 
this case on remand. 
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ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
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