sustained EB-2 NIW Case: Veterans' Services

U.S. Citizenship 
and Immigration 
Services 
MATTER OF E-C-H-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 27. 2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner 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. S'ee 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 f(.)reign national is well 
positioned to advance the proposed endeavor: and (3) that, on balance. it would he beneficial to the 
United States to waive the requirements of a job offer and thus of a labor certification. Maller of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). 
The Director of USCIS' Texas Service Center denied the petition. The Director found that the 
Petitioner qualified for classification as a member of the professions holding an advanced degree. 
but that he had not established that a waiver of a job otTer would be in the national interest. 
The matter is now before us on appeal. In his appeaL the Petitioner argues that he is eligible for a 
national interest waiver based on his work to improve ''the reintegration of our returning veterans 
and wounded warriors into productive society through coordination of various organizations and 
entities in collaboration toward that goal." The Petitioner contends that the Director misstated his 
field as ''strategic planning" and did not properly consider his past record of achievement. 
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 
requires that the individual's services he sought hy 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: 
Matter of E-C-H-
(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 \vho 
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 ofjob offer-
(i) National interest waiver. ... the 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. S'ee Dhanasar. 26 I&N 
Dec. 884. 1 Dhanasar clarifies that, after EB-2 eligibility as an advanced degree professional or 
individual of exceptional ability has been established. USC IS may grant a national interest waiver if 
the petitioner demonstrates by a preponderance of the evidence: ( 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. I r these 
three elements are satisfied. USCIS may approve the national interest waiver as a matter of 
discretion. 
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 tor future activities: any progress towards achieving the 
1 
In announcing this new framework, we vacated our prior precedent decision. Muller of/'ieH· York S'tate Department of 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm·r 1998) (NYSDOT). 
2 
(b)(6)
Matter olE-C-H-
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 otTer and thus of a labor certification. In 
performing this analysis , USC IS 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 otTer and thus of a labor certification. 
2 
11. ANALYSIS 
The Director found that the Petitioner qualified as a member of the professions holding an advanced 
degree. The sole issue in contention is whether the Petitioner has established that a waiver of the job 
offer requirement. and thus a labor certification, is in the national interest. 
The Petitioner proposes to work as a self-employed consultant for various non-profit and governmental 
groups to improve U.S. veterans' services and wounded wanior care. He indicated that he is cunently 
the to the United Kingdom (U.K.) at the 
In this capacity , the Petitioner is the leading the management team 
responsible for the U.S.-U.K. defense relationship. He is also the for wounded 
warrior events on behalf of the Examples of his past and cutTen! projects have 
included serving as a member of the joint U.S.-U.K. veterans and families taskt(xce: organizing U.S. 
and U.K. participation in the coordinating wounded warrior dinners at the 
Ambassador's residence for patients at arranging t()r 
the and to attend the conference tor 
wounded warriors and veterans; and coordinating 
and the 
visit to 
A. Substantial Merit and National Importance ofthe Proposed Endeavor 
The Petitioner proposes to serve the U.S. veteran community by forming his own small consulting tim1 
through which he will undertake projects aimed at improving veterans· services and wounded warrior 
care. He seeks to coordinate organizations and projects that will facilitate the re-integration of returning 
veterans and wounded warriors into productive society. The record. which includes letters from 
prospective clients and a business plan tor his company. reflects that his consultancy will otter services 
to various philanthropic organizations, government entities . and businesses. The Petitioner also 
2 See Dhanasar, 26 I&N Dec. at 888-91 , for further elaboration on these three prongs. 
(b)(6)
Matter of E-C-H-
submitted news a11icles and research repmts describing the plight of returning Iraq and Afghanistan 
veterans and the necessity of ensuring adequate services for their physical and emotional well-being. 
We find that the Petitioner's proposed work, which relates to improving programs and assisting 
organizations that provide support and advocacy for U.S. veterans and wounded warriors, has 
substantial merit. 
The record also demonstrates that the Petitioner's proposed endeavor is of national importance. The 
Petitioner submitted probative expert letters from individuals holding senior positions in the military . 
government, business , and philanthropic organizations that describe the importance of providing 
effective programs for U.S. troops when they return home and transition to civilian life. He also 
provided news articles and other evidence documenting gaps in veterans· health services and 
discussing the federal government's initiatives to improve care for those who have served our 
country. The letters and news articles reflect significant public interest in supporting U.S. veterans· 
causes and show the importance of developing and maintaining effective programs that meet their 
needs. 
B. Well Positioned to Advance the Proposed Endeavor 
The Petitioner submitted numerous suppm1 letters describing his expertise and record of success in his 
past work relating to veterans' atTairs. For example. Deputy Assistant Secretary of 
attested that the 
Petitioner "has been a driving force between [the U.S. and the U.K.l in the support of Wounded 
Warriors." further indicated: '·In his three years at the I have seen firsthand 
the significant impact [the Petitioner] has made on our active 
duty and veteran support programs. as 
well as our support programs tor military t'iunilies.'' In addition. identified specific 
projects coordinated by the Petitioner that .. had a direct impact in supporting fU.S.] veterans and 
wounded warriors." 
In discussing the Petitioner's role as leader of the 
Deputy Chief of Staff tor noted that the Petitioner "was 
able to work in partnership with the and to allow the 
United Kingdom's participation in three consecutive programs:· She further 
stated that he '·developed and implemented a series of initiatives to connect public and non-profit 
organizations in the United Kingdom and the U.S. to benefit Wounded Wan·ior and Veterans["] 
priorities. " 
In addition, Principal Director for the Ot1ice of 
at indicated: "Without his leadership. and significant impact, we would not have realized 
the considerable success we have seen in the areas of veteran job placement. re-integration into the 
chairs the 
and vice-chairs the 
4 
(b)(6)
Matter of E-C'-H-
civilian community, and expansion of critical services to the wounded and their families." 
further stated: 
Of significant note has been his linking, and understanding. of the U.S. and U.K. 
charitable sector with the military establishments. I know of no other task force member 
that has the connections and understanding of these charitable sectors and the ability to 
turn that understanding into results. Tangibly, this has meant that [the Petitioner] has 
enabled millions of dollars in charitable etlorts to be productively connected with Service 
organizations on both sides of the Atlantic that have saved and changed Service Members' 
lives 
dming their recoveries. Without him, we would not have made those links. 
Principal Owner of the a government affairs consulting tirm, 
noted that the Petitioner's "close relationships through the veterans community have directly brought 
the U.K. and U.S. closer together in a meaningful way on collaborative projects in the fields of veterans 
employment and veterans and families care." In addition. explained that ''[the Petitionerl, 
more than any other person, has had the opportunity to interact at the nexus of U.S. and U.K. policy and 
is equipped to identity and address similarities and diflerences in policies involving military and 
veterans issues." For instance. Director of Research and Policy for 
the largest chapter-based military family organization in the U.S .. stated that the Petitioner 
was instrumental in connecting her organization "with the U.K.'s governing body 
which oversees all of its Military and Service charities. This 
will allow us to share best practices, ideas, and initiatives. in both the U.K. and the U.S.A." 
a freelance journalist and producer for and indicated that 
she encountered the Petitioner through their work with the aforementioned publications· annual 
She noted that the Petitioner's '·support 
in identifying topics of import and powerful speakers to discuss them effectively helped to bridge the 
divide between civilians and the military in this country.'' 
project director for the an international 
wounded warrior multi-sport 
competition, stated: "[The Petitioner] partnered with us in developing the in the 
U.S. He was 
directly involved in securing a 100 strong team of United States wounded warriors and 
veterans to compete in the games and to enable their families to travel with them ... :· With respect 
to the Petitioner 's standing in the field, concluded that "l_mjany people care about 
veterans but few are as well placed to make such a substantive and positive impact on their lives." 
Regarding his plans for future work as a consultant, the Petitioner submitted a business plan tor his 
proposed company, The plan included details about the types of services he would 
offer, the tee structure he would use, the types of clients he would serve. and the marketing strategy he 
would apply. The plan also contained a list of identified potential clients, as well as sales and stafting 
projections. In support of a very detailed operating budget within the business plan, the Petitioner 
provided financial statements demonstrating sufficient funds to cover the stm1-up costs of the company. 
(b)(6)
Maller of E-C-H-
The Petitioner also provided communications from several prospective clients. including non-profit 
veterans' organizations and consulting companies, expressing their eagerness to use his services. 
Chief Executive Officer (CEO) of indicated her interest ""in bringing 
him in to work with us here at [The Petitioner's] experience in this field and in 
particular knowledge and capacity 
within both the U.S. and U.K. arenas make him a considerable 
asset."' Similarly , founder and chainnan of a Consultancy that offers 
strategic guidance for effective philanthropy , indicated his company"s desire to collaborate with the 
Petitioner "to help steer us on issues and projects for our clients who arc interested in supporting 
[veteran ' s causes).'' Additionally, in an email dated July 18. 2014. expressed interest in 
collaborating with the Petitioner in a consulting role. Furthermore. CEO of 
an international media and marketing consulting firm. stated that 
the Petitioner's "advice and consulting expertise is highly valued by added that the 
Petitioner's "continued work with charitable organizations serving our nation's military will be possible 
through residency and green 
card status.,. 
As detailed above , the significance of the Petitioner's past pr~jects in the field is corroborated by 
documentation of peer , business, military , philanthropic. and govemment praise tor his work. In 
addition, he has submitted a thorough business plan offering detailed information about the nature of 
the services he intends to provide, and the credibility ofthe plan is supported by evidence of multiple 
communications from potential clients and collaborators. The Petitioner also provided financial 
statements reflecting sufticient funding to support his business plan. The Petitioner's experience and 
expertise in his field, business plan, and the significance of his role in veteran advocacy programs 
position him well to advance his proposed endeavor. 
C. Balancing Factors to Detem1ine Waiver's Benefit to the United States 
The Petitioner possesses considerable experience and expertise in coordinating projects that suppot1 
U.S. veterans and wounded warriors. Based on his intention to start a consultancy firm through which 
he will be self-employed , it would be impractical tor him to obtain a labor certilication. The record 
demonstrates the immense value in improving programs and assisting organizations that provide 
support and advocacy tor U.S. veterans and wounded warriors. Furthermore. the Petitioner has a past 
record of success in the areas of veteran job placement. re-integration of veterans into the civilian 
community, and expansion of critical services to the wounded and their families. and he has shown that 
several organizations in the field are eager to make use of his services as a consultant. For these 
reasons. we find the Petitioner has established that the United States will benefit from his 
contributions even assuming that other qualified U.S. workers were available to perform these 
critical functions. Therefore, we conclude that, on balance, it would be beneticial to the United States 
to waive the requirements of a job otter and thus of a labor certification. 
III. CONCLUSION 
The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical framework. We 
find that he has established eligibility for and otherwise merits a national interest waiver as a matter 
Matter qf E-C-H-
of discretion. Accordingly, the Petitioner has met his burden to establish eligibility for thE 
immigration benefit sought. Section 291 ofthe Act. 8 U.S.C. ~ 1361. 
ORDER: The appeal is sustained. 
Cite as Matter q{E-C-H-, ID# 77734 (AAO Dec. 27, 2016) 
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