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DismissedNational Interest Waiver · Appeal

Occupation not stated

Clinical & health · decided 2024-05-09 · TSC · MAY092024_05B5203

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 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 Texas Service Center denied the petition, concluding that the Petitioner did not establish that she qualifies for the requested benefit. 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.

  • However, the Director did conclude she holds an advanced degree, but rather was not a member ofthe professions as the occupation ofmedical assistant does not require a United States baccalaureate degree or its foreign equivalent. p. 2
  • Nonetheless, we have reviewed the record and evidence submitted on appeal and agree with the Director's conclusion that the Petitioner has not established that the broader implications of her proposed endeavor as a medical assistant would sufficiently rise to the level of national importance contemplated under Dhanasar. See in text (p. 2)
  • We recognize that the Petitioner has provided evidence establishing the importance of the medical field, and the work of medical assistants in general, yet in Dhanasar we said that, in determining national importance, the relevant question is not the importance of the field, industry, or profession in which a petitioner may work; instead, we focus on "the specific endeavor that the foreign national proposes to undertake." See in text (p. 2)
  • Nonetheless, we have reviewed the record and evidence submitted on appeal and agree with the Director's conclusion that the Petitioner has not established that the broader implications of her proposed endeavor as a medical assistant would sufficiently rise to the level of national importance contemplated under Dhanasar. 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 · Date: MAY. 09, 2024 · In Re: 3107 4004 · 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 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 did not establish that she qualifies for the requested benefit. The matter is now before us on appeal. 8 C.F.R. § 103.3.

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 Christa's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, we will dismiss the appeal.

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. 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 ofDhanasar, 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;
  • The individual is well-positioned to advance their proposed endeavor; and
  • On balance, waiving the job offer requirement would benefit the United States.

As explained by the Director, profession is defined as one of the occupations listed in section 10l(a)(32) of the Act, as well as any occupation for which a United States baccalaureate degree or its foreign equivalent is the minimum requirement for entry into the occupation. 2 8 C.F.R. § 204.5(k)(3). The Director then determined that the position of medical assistant does not meet the definition of profession per section 10l(a)(32) of the Act and 8 C.F.R. § 204.5(k)(2).

On appeal, the Petitioner's brief is limited to her eligibility for a national interest waiver under Dhanasar. 3 As she does not address the issue of profession, we deem this ground to be waived.4 Therefore, we cannot conclude that she has overcome the Director's conclusion on this issue and the appeal must be dismissed on this basis alone.

As this issue is dispositive, we need not reach the Petitioner's appellate arguments regarding her qualification for a national interest waiver. Nonetheless, we have reviewed the record and evidence submitted on appeal and agree with the Director's conclusion that the Petitioner has not established that the broader implications of her proposed endeavor as a medical assistant would sufficiently rise to the level of national importance contemplated under Dhanasar.Proposed endeavor too vague We recognize that the Petitioner has provided evidence establishing the importance of the medical field, and the work of medical assistants in general, yet in Dhanasar we said that, in determining national importance, the relevant question is not the importance of the field, industry, or profession in which a petitioner may work;Argued the field's importance, not the endeavor's