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DismissedNational Interest Waiver · Appeal

Lawyer

Law & policy · decided 2023-11-29 · TSC · NOV292023_02B5203

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

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Summary sentence

The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that she qualifies for a national interest waiver. See in text

What the AAO decided

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Objections found (0)

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    Full decision

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    Highlighted: Outcome (2)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: NOV. 29, 2023 · In Re: 28809653 · Appeal of Texas Service Center Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner, a lawyer, seeks employment-based second preference (EB-2) immigrant classification as a member of the professions holding an advanced degree. See Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2). The Petitioner also seeks a national interest waiver of the job offer requirement that is attached to this EB-2 immigrant classification. See section 203(b )(2)(B)(i) of the Act, 8 U.S.C. § 1153(b )(2)(B)(i). U.S. Citizenship and Immigration Services (USCIS) may grant this discretionary waiver of the required job offer, and thus of a labor certification, when it is in the national interest to do so.

    The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that she qualifies for a national interest waiver. The matter is now before us on appeal. 8 C.F.R. § 103.3.

    The Petitioner bears the burden ofproof 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 ofChristo's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, we will dismiss the appeal.

    On appeal, the Petitioner presents a brief in which she asserts that the Director's decision included "numerous erroneous conclusions of both law and fact." The Petitioner, however, does not specify how the Director erred or what factors in the decision were erroneous.

    give "individualized consideration" to the case). The Director thoroughly reviewed, discussed, and analyzed the evidence of record as it relates to the Petitioner's proposed endeavor to provide legal services to businesses in the United States. In accordance with the framework for adjudicating national interest waiver petitions provided in Matter ofDhanasar, 26 I&N Dec. 884, 889 (AAO 2016), the Director considered how the evidence submitted served to establish whether or not the Petitioner's proposed endeavor has both substantial merit and national importance. 2 While the Director determined that the Petitioner demonstrated eligibility for the EB-2 classification and that her endeavor has substantial merit, the Director properly concluded that the Petitioner's endeavor does not reach a level of national importance to warrant a waiver of the job offer requirement.

    In conjunction with the foregoing analysis, we adopt and affirm the Director's decision. The petition will remain denied.

    ORDER: The appeal is dismissed.