PetitionLens
All decisions
RemandedNational Interest Waiver · Appeal

Security analyst

Business & finance · decided 2021-05-12 · NSC · MAY122021_03B5203

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

While we conduct de novo review on appeal, we conclude that a remand is warranted in this case because the Director's decision is insufficient for review. See in text

What the AAO decided

  • As presently constituted, the record does not establish whether the Petitioner qualifies as a member of the professions holding an advanced 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. See in text
  • ORDER: The decision of the Director is withdrawn. See in text
  • The matter is remanded for farther proceedings consistent with the foregoing analysis and entry of a new decision. degree. See in text
Read the full decision (2 pages)

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 (4)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · In Re: 11895419 · Appeal ofNebraska Service Center Decision · Non-Precedent Decision of the Administrative Appeals Office · Date: MAY 12, 2021 · Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National Interest Waiver)

    The Petitioner, a security analyst, 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 of the Nebraska Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree but that the Petitioner had not established that a waiver ofthe required job offer, and thus ofthe labor certification, would be in the national interest. Specifically, the Director stated that "[the Petitioner] submitted sufficient evidence to establish he holds a master's degree in defense studies and thus qualifies for the requested [second preference] classification." For the reasons discussed below, we withdraw that conclusion.

    The record contains a copy of a "Bachelor of Social Science" degree certificate, typed in English, awarded to the Petitioner by National University inl I The record also contains a copy of a "Master in Defence Studies" degree certificate, typed in English, awarded to the Petitioner by National University. In addition, the record contains two one-page documents, written in English and signed by both the assistant controller of examinations and the deputy controller of examinations for National University, certifying that the Petitioner passed the examinations required for the respective degrees. The certifications do not indicate that the foreign degrees are equivalent to a U.S. bachelor's and master's degree, respectively, nor are they from an independent academic credentials evaluation service.

    The record does not contain an independent review of the academic credentials from a reliable credentials evaluation service which specializes in evaluating foreign educational credentials. Accordingly, the record does not establish either that the Petitioner's bachelor's degree is equivalent to a U.S. bachelor's degree or that the Petitioner's master's degree is equivalent to an advanced U.S. degree, in order for the Petitioner to qualify as a member of the professions holding an advanced degree. See 8 C.F.R. § 204.5(k)(2) (defining "advanced degree" for the purposes of a Form 1-140, p. 2 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)).

    While we conduct de novo 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 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 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. degree. Seesection203(b)(2)oftheAct.

    We further note that the record-both at the time of filing and at the time of the Director's decision-does not contain sufficient information regarding the proposed endeavor the Petitioner would pursue in the United States to meaningfully analyze whether any of the Dhanasar prongs have been satisfied. See Matter ofDlzanasar, 26 I&N Dec. 884. 889-90 (AAO 2016); see also 8 C.F.R. § 103.2(b)(1) (requiring a petitioner to ·'establish that he or she is eligible for the requested benefit at the time of filing the benefit request and ... continue to be eligible through adjudication").