PetitionLens
All decisions
DismissedNational Interest Waiver · Appeal

Telecommunications engineer

Engineering · decided 2025-05-07 · SCOPS · MAY072025_04B5203

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-2Not decided

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

  • Prong 1Merit and national importanceNot decided

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

  • Prong 2Well positioned to advance itNot met
    Why
    But, as he has not specifically articulated what is endeavor actually entails, including how he plans to accomplish it, he has not demonstrated that he is well positioned to advance the proposed endeavor and that, on balance, it would be beneficial to the United States to waive the job offer requirements. p. 2
  • Prong 3Worth waiving the job offerNot met
    Why
    But, as he has not specifically articulated what is endeavor actually entails, including how he plans to accomplish it, he has not demonstrated that he is well positioned to advance the proposed endeavor and that, on balance, it would be beneficial to the United States to waive the job offer requirements. p. 2

The decision in brief

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

Summary sentence

Service Center Operations (SCOPS) 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. See in text

What the AAO decided

  • Upon de novo review, we will dismiss the appeal. See in text
Read the full decision (2 pages)

Objections found (4)

Automated tags. Each shows the sentence that triggered it.

  • endeavor, and that it erroneously found his endeavor was too vague and lacked sufficient evidence of national importance. See in text (p. 2)
  • As SCOPS noted, the Petitioner's response to the request for evidence (RFE) and supplementation of the record with industry articles, support letters, and a professional plan provided little additional inform a ti on to cure this defi ci encY,~.u:....&.J..U..!,.....u.l.l......JL...l..l~UJ..L!...i....J;u.J;;..IJ..l.<.-l....l,Ju..L.J;ui.J.!..l,&JLI.....IJL.ll,l,.I....Ll.l.....U.IJ..I.Jw...1....l..Ll...u..1w..lo.l, his endeavor in his RFE res onse as for under the~-~ program, this generalized description of his '--~--~~~~--~~--' endeavor still lacks specificity regarding what the Petitioner is ac… See in text (p. 2)
  • But, as he has not specifically articulated what is endeavor actually entails, including how he plans to accomplish it, he has not demonstrated that he is well positioned to advance the proposed endeavor and that, on balance, it would be beneficial to the United States to waive the job offer requirements. p. 2
  • However, as SCOPS did not have the opportunity to consider these new statements, we will not consider them for the first time on appeal. p. 2

Full decision

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

Highlighted: Outcome (1) Tagged objection (2)Matter of X citation
Decision header
U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · In Re: 38182611 Date: MAY 7, 2025 · Appeal of Service Center Operations (SCOPS) Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) The Petitioner, a telecommunications engineer, 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 classification. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § l 153(b)(2).

Service Center Operations (SCOPS) 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 ofproof to demonstrate eligibility by a preponderance of the evidence. Matter oJChawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter de novo. Matter of Christa's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, we will dismiss the appeal.

In its denial, SCOPS determined the Petitioner did not sufficiently identify his proposed endeavor and, thus, did not demonstrate under the three-prong analytical framework set forth in Matter ofDhanasar, 26 l&N Dec. 884, 889 (AAO 2016), that his endeavor would have substantial merit and national importance, that he would be well-positioned to advance the endeavor, and that, on balance, waiving the job offer requirement would benefit the United States. 1 On appeal, the Petitioner argues that SCOPS did not properly consider all the evidence or provide a substantive analysis of the record, which he claims violated USCIS policy and the "Accardi doctrine" under United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (1954). 2 In particular, he contends that SCOPS did not evaluate or make a determination on the substantial merit of his proposed 1 The Petitioner claimed eligibility for the EB-2 immigrant classification as an advanced degree professional. However, because he is not eligible for, and does not merit a national interest waiver as a matter of discretion, and this determination is dispositive of the Petitioner's appeal, we decline to reach and hereby reserve the issue. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) ("As a general rule courts and agencies are not required to make findings on issues the decision of which is unnecessary to the results they reach.").

endeavor, and that it erroneously found his endeavor was too vague and lacked sufficient evidence of national importance.Proposed endeavor too vague He also argues that the evidence demonstrated his eligibility under the second and third Dhanasar prongs.

Upon review of the entire record, we adopt and affirm SCOPS' decision. See Matter of Burbano, 20 I&N Dec. 872, 874 (BIA 1994); see also Giday v. INS, 113 F.3d 230,234 (D.C. Cir. 1997) (noting that the practice of adopting and affirming the decision below "is not only common practice, but universally accepted"). Contrary to the Petitioner's arguments on appeal, SCOPS thoroughly reviewed, discussed, and analyzed the record, but correctly found that the Petitioner's description of his proposed endeavor was too ill-defined and vague to establish his eligibility under the Dhanasar prongs. 3 Beyond generally asserting in his initial filing that his expertise "align[ s] perfectly" with the Broadband Equity, Access, and Deployment (BEAD) program goals and claiming that his goal is "to actively join forces with the transformative mission of the BEAD Program, working to bridge the digital gap and boost connectivity nationwide," the Petitioner provided little detail regarding the specific activities he intends to do in his proposed endeavor.

As SCOPS noted, the Petitioner's response to the request for evidence (RFE) and supplementation of the record with industry articles, support letters, and a professional plan provided little additional inform a ti on to cure this defi ci encY,~.u:....&.J..U..!,.....u.l.l......JL...l..l~UJ..L!...i....J;u.J;;..IJ..l.<.-l....l,Ju..L.J;ui.J.!..l,&JLI.....IJL.ll,l,.I....Ll.l.....U.IJ..I.Jw...1....l..Ll...u..1w..lo.l, his endeavor in his RFE res onse as forSupport letters generic or unsupported