The Petitioner, an architect, 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).
The Director ofthe Texas Service Center denied the petition, noting that "[a]fter the [P]etitioner has established ... eligibility for second preference classification under section 203(b)(2)(A) ofthe [Act], [U.S. Citizenship and Immigration Services] may grant a national interest waiver if the [P]etitioner demonstrates by a preponderance of evidence that [the criteria established in Matter ofDhanasar, 26 I&N Dec. 884 (AAO 2016), have been satisfied]." The Director proceeded to conduct a Dhanasar analysis without first concluding whether the Petitioner qualifies for a second preference classification While we conduct de nova review on appeal, we conclude that a remand is warranted in this case because the Director's decision is insufficient for review. As presently constituted, the record does not establish whether the Petitioner qualifies as a member of the professions holding an advanced degree. See section 203(b)(2) ofthe Act. Specifically, the record does not contain an evaluation from an academic credentials evaluation service to establish whether the Petitioner's foreign degrees are equivalent to a U.S. bachelor's and master's degree, respectively. See 8 C.F.R. § 204.5(k)(2) (defining "advanced degree" for the purposes of a Form 1-140, Immigrant Petition for Alien Worker, as "any United States academic or professional degree or a foreign equivalent degree above that of a baccalaureate" (emphasis added)).
Accordingly, the matter will be remanded to the Director to conduct a final merits determination of the advanced degree issue and enter a new decision. The Director may request any additional evidence Similarly, in a prior request for evidence (RFE), the Director noted that "[i]n order to establish eligibility, the [P]etitioner must establish that ... [he] qualifies for the requested classification; and [a]n exemption from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States." However, the Director did not comment in the RFE whether the Petitioner qualifies for the requested second preference classification. as a member o f the professions holding an advanced degree. p. 2 considered pertinent to the new determination and any other issue. As such, we express no opinion regarding the ultimate resolution of this case on remand.
ORDER: The decision of the Director is withdrawn. The matter is remanded for farther proceedings consistent with the foregoing analysis and entry of a new decision.