sustained EB-2 NIW Case: Education

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: NOV. 17, 2023 In Re: 28809273 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner seeks employment-based second preference (EB-2) 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. § 1 l 53(b )(2). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified 
for classification as a member of the professions holding an advanced degree, but that she had not 
established 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. 
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 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will sustain the appeal. 
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. Section 203(b )(2)(B)(i) of the Act. If a 
petitioner demonstrates eligibility for the underlying EB-2 classification, they must then establish that 
they merit a discretionary waiver of the job offer requirement "in the national interest." 
Section 203(b )(2)(B)(i) of the Act. While neither the statute nor the pertinent regulations define the 
term "national interest," Matter of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016), provides the 
framework for adjudicating national interest waiver petitions. Dhanasar states that U.S. Citizenship 
and Immigration Services (USCIS) may, as matter of discretion 1, grant a national interest waiver if 
the petitioner demonstrates that: 
• The proposed endeavor has both substantial merit and national importance; 
1 See also Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest 
waiver to be discretionary in nature). 
• The individual is well-positioned to advance their proposed endeavor; and 
• On balance, waiving the job offer requirement would benefit the United States. 
II. ANALYSIS 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree. The sole issue to be determined 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. 
With regard to her proposed endeavor, the Petitioner stated that she intends to continue her work as 
the head of a school located in a U.S. commonwealth, which she claims is the only school in her region 
where Indigenous languages are taught to children through a curriculum she designed. In addition, 
the Petitioner indicated that she planned to continue overseeing another school that teaches her native 
language to the commonwealth's residents. She also asserted that she intends to continue her 
involvement as a community leader and volunteer with nonprofit organizations such as S-I- and 5-S-. 
The Petitioner further explained: 
[The Petitioner's] proposed endeavor ... focuses on cultural enrichment, education, 
furtherance of human knowledge, and economic activity. In the [Commonwealth], she 
has started two schools, designed curricula, and created jobs for [Commonwealth] 
residents. [The Petitioner] is also the creator of the only early education curriculum [in 
her region] that includes Indigenous languages, and she has been recognized by the 
[Commonwealth] government as someone whose efforts are key to Indigenous 
language revitalization efforts throughout the [Commonwealth]. 
For the reasons discussed below, we conclude the Petitioner has established eligibility for a national 
interest waiver under the analytical framework set forth in Dhanasar. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
We withdraw the Director 's determination that the Petitioner did not establish the national importance 
of her proposed endeavor under Dhanasar 's first prong. In determining whether the proposed 
endeavor has national importance, we consider its potential prospective impact. Dhanasar , 26 I&N 
Dec. at 889. As evidence that her proposed work has substantial merit and national importance, the 
Petitioner presented information about Biden Administration initiatives relating to native language 
revitalization. Her evidence also included letters of support from high level government and 
community leaders discussing how her undertaking broadly contributes to cultural enrichment in the 
commonwealth where she resides. 2 
For example, the Executive Director of the Commonwealth 's Humanities Council asserted that 
"incorporating the humanities into education is crucial. The humanities provide an opportunity for 
students to explore the cultures, traditions, and perspectives of our indigenous people." He further 
stated that "[a] unique component to [the Petitioner 's] school is their approach to integrating our 
2 In Dhanasar, we determined that "[ e ]ven ventures and undertakings that have as their focus one geographic area of the 
United States may properly be considered to have national importance." Id. at 889. 
2 
indigenous Chammoro and Carolinian history, culture, and languages into the curriculum .... As an 
educational leader in our community, [the Petitioner] is involved with education decisions and 
initiatives that enhance teaching practices in the [Commonwealth]." The Executive Director 
concluded that "[t]he impact of [the Petitioner's] approach to providing for the educational needs and 
interests of students in [ the Commonwealth] will be felt for generations to come." 
Likewise, the Resident Executive for the Commonwealth's Indigenous Affairs Office indicated that 
the Petitioner's school "specializes in the promotion of the indigenous culture" and that her proposed 
work "is extremely valuable to the Chammoro community ... because of the ever-increasing risk of 
the erasure of Chammoro culture in the [Commonwealth]." He further asserted: 
[The Petitioner's] school is a significant contributor to preserving Chammoro culture 
by building connections between the new generation and the indigenous beliefs and 
heritage. . . . One of the primary focuses of [the Petitioner's school's] education 
program is on the learning of the languages native to the [Commonwealth], Chammoro, 
and Carolinian. This program helps facilitate the rebirth of the local culture and to 
bring back the importance of native customs and traditions. 
Furthermore, the Governor of the Commonwealth stated: 
[The Petitioner] continues to zealously advocate for curriculum development centered 
on revitalizing the native languages of our indigenous people, the Chammoros and the 
Carolinians. She continues to expand on the school's Chammoro language courses and 
has developed a successful afterschool program that allows for members of our youth 
to partake in Chammoro language classes on a regular basis. 
Moreover, [the Petitioner] is an active member of 5-S- which is a nonprofit 
organization dedicated to reviving indigenous canoe-building and sailing in our 
Commonwealth. Through her involvement in 5-S-, she has assisted in the spearheading 
of the restoration of indigenous navigational practices and the conferring of this 
knowledge onto the youth and other interested community members. 
In addition, the mayor of the Commonwealth's largest municipality noted that the Petitioner is the 
head of two schools in his municipality. He asserted that one of the Petitioner's schools "provides 
kids with the opportunity to learn local culture and local languages" while the other "offers kids and 
adults a unique chance to learn Russian language." 
Similarly, the Chairwoman of the Education Committee for the Commonwealth's House of 
Representatives stated that the Petitioner's "Chammoro language program ... helps children learn the 
local language that is spoken by many of their relatives and the local people of the [Commonwealth]. 
Not only does it teach them the language, but it also connects them with the Chammoro culture." She 
also indicated that the Petitioner's Russian language school helps "workers effectively communicate 
with tourists from Russia" and therefore stands to "expand [the Commonwealth's] reach in the Russian 
tourism industry." 
3 
The aforementioned letters of support offer meaningful details showing a wide level of regional 
support for the Petitioner's education programs. These letters, as well as other corroborating evidence 
contained in the record, are sufficient to demonstrate that the benefits of the Petitioner's proposed 
work offer broader implications for U.S. cultural enrichment. As the Petitioner has demonstrated both 
the substantial merit and national importance of her proposed endeavor, she has established that she 
meets the first prong of the Dhanasar framework. 
B. Well Positioned to Advance the Proposed Endeavor 
We agree with the Director's determination that the Petitioner satisfies the second prong of the 
Dhanasar framework. For example, the Petitioner submitted evidence indicating that she received 
hundreds of thousands of dollars in grant fonding for her school from the Commonwealth's 
Department of Community and Cultural Affairs. 3 
C. Balancing Factors to Determine Waiver's Benefit to the United States 
We also withdraw the Director's determination that the Petitioner did not establish that she meets 
Dhanasar 's third prong. This prong requires a 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. 
Id. at 890. In addition to having earned two master's degrees, the Petitioner possesses considerable 
experience and expertise in cultural enrichment and education. The record also demonstrates the benefits 
associated with Indigenous language revitalization and cultural heritage preservation. Further, the 
Petitioner has documented her past successes in operating two schools, as well as attracting 
governmental interest and fonding relating to her work. Based on the Petitioner's track record of success 
in her field and the significance of her proposed work to advance U.S. cultural and educational interests, 
we conclude that she offers contributions of such value that, on balance, they would benefit the United 
States even assuming that other qualified U.S. workers are available. The Petitioner, therefore, satisfies 
the Dhanasar framework's third prong. 
III. CONCLUSION 
The Petitioner has met the requisite three prongs set 
forth in the Dhanasar analytical framework. We 
conclude that she has established she is eligible for and otherwise merits a national interest waiver as 
a matter of discretion. 
ORDER: The appeal is sustained. 
3 In Dhanasar, we determined that "the sustained interest of and funding from government entities" positioned the 
petitioner well to continue to advance his proposed endeavor. Id. at 893. 
4