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DismissedNational Interest Waiver · Appeal

Research fellow

Other / unclear · decided 2018-02-08 · VSC · FEB082018_01B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Met
    Why
    After the petitioner has established eligibility for EB-2 classification, U.S. p. 1
  • Prong 1Merit and national importanceNot decided

    No finding on this in the appeals office's own words.

  • Prong 2Well positioned to advance itNot decided

    No finding on this in the appeals office's own words.

  • Prong 3Worth waiving the job offerNot decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

The Director of the Vermont 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 he had not established that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest. See in text

What the AAO decided

  • Accordingly, the issues in this proceeding are moot and we will dismiss the appeal. See in text
  • ORDER: The appeal is dismissed. See in text
Read the full decision (1 page)

Objections found (0)

Automated tags. Each shows the sentence that triggered it.

No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (2)Matter of X citation

    Non-Precedent Decision of the Administrative Appeals Office MATTER OF X-F- DATE: FEB. 8, 2018 APPEAL OF VERMONT SERVICE CENTER DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a research fellow, 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: (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. Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).

    The Director of the Vermont 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 he had not established that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.

    A review of U.S. Citizenship and Immigration Services records indicates that, as of March 20, 2017, the Petitioner has adjusted status to that of a lawful permanent resident. Accordingly, the issues in this proceeding are moot and we will dismiss the appeal.

    ORDER: The appeal is dismissed.

    Cite as Matter ofX-F-, ID# 1078266 (AAO Feb. 8, 2018)