sustained EB-2 NIW Case: Social Protection

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-A-A-A-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 11,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a social protection specialist, 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). After the 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: (I) 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 ofDhanasar, 26 I&N Dec. 884 (AAO 2016). 
The Director of the Texas Service Center denied the Form I.::140, Immigrant Petition for Alien 
Worker, finding 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 Director also denied a 
subsequent motion. 
On appeal, the Petitioner argues that she is eligible for a national interest waiver based on the impact 
of her work and her influential contributions in the field of international socioeconomic 
development. In May 2017, we issued a request for evidence (RFE) asking the Petitioner to provide 
evidence satisfying the three-part framework set forth in Dhanasar. In response, the Petitioner 
provides further evidence and contends that she is eligible for a national interest waiver under the 
Dhanasar framework. 
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. Because this classification 
Matter of A-A-A-A-
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) ofthe 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. 
While neither the statute nor the pertinent regulations define the term "national interest," we recently 
set forth a new framework for adjudicating national interest waiver petitions. See Dhanasar, 26 I&N 
Dec. 884.
1 
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. 
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 
1 
In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 J&N Dec. 215 (Act. Assoc. Comm 'r 1998) (NYSD07). 
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Matter of A-A-A-A-
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, users 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. 2 
II. ANALYSIS 
The Director found that the Petitoner qualifies as a member of the professions holding an advanced 
degree. 3 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. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
The Petitioner proposes to continue her work as a senior social protection specialist at the 
In this role, she provides support to countries such as Egypt and Yemen through creation of 
social protection, labor, and community development policies and programs. In directing major 
flagship funded operations, she will continue to lead multi-sectoral teams to design, 
negotiate, and supervise funded projects with client governments. For example, the 
record includes a letter from a social protection, labor, and jobs global practice manager at 
2 
See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 The Petitioner received a master of arts degree in economic and social studies from the in 
2000. In response to our RFE, she offers an academic credentials evaluation indicating that her degree is "the equivalent 
of a Master of Arts degree in Social Policy, fi"om an accredited institution of higher education in the United States." 
4 The record includes information fi"om the website stating: 
The mission of the 
(last visited Aug. 7, 20 17), copy incorporated into the record of proceedings. 
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Matter of A-A-A-A-
the stating that since 2013 the Petitioner "has been leading the design, negotiations and 
supervision of the largest investments in the Social Protection and Labor sector in 
Egypt (about U.S. $700 million in total) and among the largest globally ." In addition, a 
senior consultant and adviser to the on operational policy matters, explains that the 
Petitioner's projects and initiatives "strengthen democratic trends as the growth which improves 
people's quality of life and reduces conflicts will lead to more stable economies." We find that the 
Petitioner's proposed work, which improves economic and social conditions in countries facing conflict 
and political transition, has substantial merit. 
The record also demonstrates that the Petitioner's proposed endeavor is of national impmiance. The 
Petitioner submits probative letters from experts in the field that describe the importance of her 
proposed work to U.S. foreign policy interests. For instance, explains that failure to 
strengthen developing countries' social infrastructure makes them vulnerable to socioeconomic 
crises and the rise of extremism. 
The Petitioner also offers a letter from a professor at 
indicating that the Petitioner is "integrally involved in delivering a large scale targeted social safety net 
operation in Egypt" including a loan of $400 million which "was prepared and approved 
with [the Petitioner's] leadership." asserts that the Petitioner's multi-million dollar 
investment projects in Egypt 
advance U.S. foreign policy interests by promoting development in a 
country that is one of"the closest allies of the U.S." in the Middle East.5 The Petitioner also submits a 
March 2017 report from the Congressional Research Service (CRS) stating that "[t]he United States 
has provided significant military and economic assistance to Egypt since the late 1970s" and that the 
country has been important to "U.S. national security interests based on its geography, demography , 
and diplomatic posture ." 
With respect to the Petitioner's ongomg work involving Yemen, senior country 
coordinator for the at the indicates: "[The 
Petitioner] is playing a major role in a broader ·led international effort to support Yemen's 
recovery and - in the shorter-term absence of a peace agreement - promote peace and security by 
addressing critical needs of Yemen's vulnerable citizens including youth and women .... " 
further states that "[t]he U.S. is currently funding social protection and crisis response 
interventions in Yemen utilizing the operations that [the Petitioner] led the design of as a 
expert." She adds that the "U.S. is parallel financing these operations with a budget of about $6.1 
million for the next year and based on confidence in the efforts (largely due to [the 
Petitioner's] leadership of these efforts) is considering mobilizing additional resources to help alleviate 
suffering in Yemen." Lastly, explains that the Petitioner's proposed work will "build 
stability and resilience in Yemen to reduce the likelihood of threats to U.S. and global security 
interests." 
notes that Egypt received $200 million in U.S. Government assistance in 2014 and is "among the largest 
recipients of U.S. foreign aid for the last few decades." 
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In addition, the Petitioner offers an report indicating that the United States has 
"contributed more than $327 million in humanitarian assistance to Yemen in fiscal year 2016." The 
article further states that ensuring a stable government in Yemen will help protect U.S. commercial 
shipping in the (a narrow waterway that separates Yemen and the Horn of 
Africa) and will serve U.S. national security interests by diminishing the likelihood of "an Iranian 
military presence in the Arabian Peninsula." 
The expert letters, reports from U.S. media and the and additional information in the record 
demonstrate that the Petitioner's proposed work to improve social and economic conditions in Egypt 
and Yemen serves U.S. foreign policy and national security interests. Furthermore, the multi-million 
dollar scale of her loan projects and initiatives will have broad economic and social implications 
internationally. "An undertaking may have national importance for example , because it has national 
or even global implications within a particular field" or if it offers "other substantial positive 
economic effects." See Dhanasar, 26 I&N Dec. at 889-90. The evidence therefore establishes the 
national and international importance of the Petitioner's proposed social protection work aimed at 
enhancing global stability. As the Petitioner has documented both the substantial merit and national 
importance of her proposed endeavor , she meets the first prong of the Dhanasar framework . 
B. Well Positioned to Advance the Proposed Endeavor 
The Petitioner submitted reference letters describing her expertise and record of success in her past 
work in the field of international development. As discussed above , the Petitioner's work has 
supported client countries through projects involving economic development , peace building , and 
social programs. The record, including letters from colleagues and copies of her 
reports, reflects that she has consistentl y played a leading role in the design and 'implementation of 
multi-million dollar social protection programs and international development projects, which were 
financed by the and also received funding from the For 
example, describes the Petitioner's projects that were implemented in Yemen: 
[The Petitioner] has pioneered the design of two major funded operations in 
crisis response and promotion of peace in Yemen: 
Project (U.S. 300 million); and (U.S. $200 
million). The innovative and ground-breaking design of these operations enabled the 
and to channel 
funding and aid to Yemen - in implementation of U.S. foreign policy in Yemen - in an 
extremely challenging context. 
As further evidence of the Petitioner's progress in her endeavor, notes that other government 
agencies have utilized the Petitioner's work. She states that the Petitioner's "work in Yemen is 
contributing to establishing a common approach among different donor agencies that are supporting 
and the 
of the 
" Specifically, indicates that the 
"are following the design and approach 
Project for their projects with [the] 
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In addition to discussing the Petitioner's "role in shaping Yemen's largest social safety net programs," 
mentions "her leadership in the design and superyision of the funded $12.5 million 
Project" which helped the Afghan Government "to protect 
poor families and reform its two national social protection programs." country 
director of 
programs in Afghanistan, adds that the Petitioner led the Afghan Government in its 
development of "systems of safety nets targeting the poor and providing them with income support 
while investing in their children's health" and "reforming the Public Sector Pension 
scheme and 
modernizing its systems." 
Regarding the Petitioner's record of success in her social protection work in Egypt, states: 
[The Petitioner] was integrally involved in delivering a large scale targeted social safety 
net operation in Egypt (a program with an estimated annual budget of $1.4 billion, of 
which a loan of $400 million was prepared and approved with [the Petitioner's] 
leadership). This program has been supporting a major shift in the thinking of social 
protection in an important (for purposes of U.S. interests) country like Egypt, whereby 
the Government is shifting away from expensive and inefficient energy subsidies into 
... well targeted and developmental social assistance programs .. .. 
Furthermore, a country manager at the indicates that the Petitioner 
"led a delegation to ... successful negotiations and approval of a U.S. $400 million 
loan to the Government of Egypt for financing a national social safety net program." 
states that the Petitioner's "role in implementing this initiative helped stabilize the country by taking 
actions to address long-standing social grievances of economic deprivation and social and regional 
exclusion." 
As detailed above, the significance of the Petitioner's past projects in the field is corroborated by 
documentation of peer and government praise for her work. In addition, she offered 
reports indicating that projects she led have affected social programs and economic development in 
countries that are important to U.S. foreign policy and national security interests. The Petitioner's 
experience and expertise in her field and record of success contributin g international development 
programs position her well to advance her proposed endeavor. 
C. Balancing Factors to Determine Waiver ' s Benefit to the United States 
As explained above, 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 o±Ier and thus of a labor 
certification. The Petitioner possesses considerable experience and expertise in creating social 
protection, labor, and community development policies and programs . The record also demonstrates 
that her proposed work aimed at improving social and economic conditions in developing countries 
serves U.S. foreign policy and national security interests. The Petitioner has documented her past 
successes in pioneering multi-million dollar projects involving economic development , 
peace building, and social programs. In addition, the large-scale funding of international development 
programs in which the Petitioner has played a leading role indicates that various government agencies 
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have found her work on those projects to be promising and useful. Based on the Petitioner's track 
record of success and the significance of her ongoing role in international development projects that 
advance U.S. interests, we find 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. 
III. CONCLUSION 
The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical framework. We 
find that she has established eligibility for and otherwise merits a national interest waiver as a matter 
of discretion. 
ORDER: The appeal is sustained. 
Cite as Matter of A-A-A-A-, ID# 454100 (AAO Aug. 11, 2017)