dismissed EB-2 NIW Case: Architecture

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 11, 2024 In Re: 35119328 
Appeal of Texas Service Center Decision 
Form I-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an architect/entrepreneur, 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. § 1153(b)(2). 
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner 
qualified for classification as a member of the professions holding an advanced degree, she had not 
established 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. 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. 
I. LAW 
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. Because 
this classification requires that the individual 's services be sought by a U.S. employer, a separate 
showing is required to establish that a waiver of the job offer requirement is in the national interest. 
We set forth a framework for adjudicating national interest waiver petitions in the precedent decision 
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Dhanasar states that U.S. Citizenship and 
Immigration Services (USCIS) may, as matter of discretion, 1 grant a national interest waiver of the 
job offer, and thus the labor certification, to a petitioner classified in the EB-2 category if the petitioner 
demonstrates that (1) the noncitizen's proposed endeavor has both substantial merit and national 
importance; (2) the noncitizen is well positioned to advance the proposed endeavor; and (3) that on 
1 See Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019) (finding USCIS ' decision to grant or deny a national interest waiver 
to be discretionary in nature). 
balance it would be beneficial to the United States to waive the requirements of a job offer and thus 
of a labor certification. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
noncitizen proposes to undertake. The endeavor's merit may be demonstrated in a range of areas such 
as business, entrepreneurialism, science, technology, culture, health, or education. In determining 
whether the proposed endeavor has national importance, we consider its potential prospective impact. 
The second prong shifts the focus from the proposed endeavor to the noncitizen. To determine whether 
the noncitizen is well positioned to advance the proposed endeavor, we consider factors including but 
not limited to the individual's education, skills, knowledge, and record of success in related or similar 
efforts. A model or plan for future activities, progress towards achieving the proposed endeavor, and 
the interest of potential customers, users, investors, or other relevant entities or individuals are also 
key considerations. 
The third prong requires the petitioner to demonstrate that, on balance of applicable factors, it would 
be beneficial to the United States to waive the requirements of a job offer and thus of a labor 
certification. USCIS may evaluate factors such as whether, in light of the nature of the noncitizen' s 
qualification or the proposed endeavor, it would be impractical either for the noncitizen to secure a 
job offer or for the petitioner to obtain a labor certification; whether, even assuming that other qualified 
U.S. workers are available, the United States would still benefit from the noncitizen's contributions; 
and whether the national interest in the noncitizen's contributions is sufficiently urgent to warrant 
forgoing the labor certification process. Each of the factors considered must, taken together, indicate 
that on balance it would be beneficial to the United States to waive the requirements of a job offer and 
thus of a labor certification. 
II. ANALYSIS 
The Petitioner proposes to operate an architecture firm, ______________ The 
Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. 
The remaining issue to be determined is whether the Petitioner has established that a waiver of the 
requirement of a job offer, and thus a labor certification, would be in the national interest. For the reasons 
discussed below, we conclude that the Petitioner has not sufficiently demonstrated the national 
importance of her proposed endeavor under the first prong of the Dhanasar analytical framework. 
The Director concluded that the Petitioner did not establish the proposed endeavor's substantial merit 
and national importance, that she is well positioned to advance it, and that, on balance, it would benefit 
the United States to waive the job offer requirement. On appeal, the Petitioner argues that the Director 
erroneously denied the petition. The Petitioner further contends that the Director failed to apply the 
proper standard of proof and instead imposed a novel standard. 
While we do not discuss every piece of evidence individually, we have reviewed the record and have 
considered the Petitioner's eligibility for the national interest waiver. The Petitioner states that her firm 
will specialize in providing architecture and interior design services across U.S. territory, catering to the 
specific needs of individuals and businesses. The Petitioner explains that her firm will operate out of 
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Massachusetts. The record includes a business plan, expert opinion letter, recommendation 
letters, letter of intent to invest, and industry reports and articles. 
The Petitioner asserts that her proposed endeavor is of substantial merit and national importance because 
ofthe "ripple effects generated upon significant commercial matters, the domestic job market, the national 
economy, and the overall ecosystem." In determining whether the proposed endeavor has national 
importance, we consider its potential prospective impact. The relevant question is not the importance of 
the field, industry, or profession in which the individual will work; instead, we focus on "the specific 
endeavor that the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. In 
Dhanasar, we further noted that "we look for broader implications" of the proposed endeavor and that 
"[ a ]n undertaking may have national importance for example, because it has national or even global 
implications within a particular field." Id. We also stated that"[ a ]n endeavor that has significant potential 
to employ U.S. workers or has other substantial positive economic effects, particularly in an economically 
depressed area, for instance, may well be understood to have national importance." Id. at 890. Here, the 
Petitioner contends that her proposed endeavor will strengthen the U.S. economy and create direct and 
indirect jobs for the U.S. While we acknowledge that the Petitioner's proposed endeavor has substantial 
merit, the Petitioner, nonetheless, has not demonstrated its national importance. 
The Petitioner claims through her business plan that her company will create 33 direct jobs and 165 
indirect jobs by the fifth year, while also generating a total revenue of $2,427,337.50. Further, the 
Petitioner declares that her endeavor will boost the flow of money across the U.S. on a national scale. 
However, the Petitioner does not sufficiently explain how she plans to achieve these staffing targets 
and revenue projections. The Petitioner also fails to demonstrate how her endeavor will bring 
substantial economic benefit that would rise to the level of national importance. The Petitioner must 
support her assertions with relevant, probative, and credible evidence. See Matter of Chawathe, 25 
I&N Dec. at 376. Without sufficient evidence regarding the projected U.S. economic impact or job 
creation directly attributable to her future work, the record does not show that the benefits to the 
regional or national economy resulting from the Petitioner's endeavor would reach the level of 
"substantial positive economic effects" contemplated by Dhanasar. Id. at 890. 
The Petitioner states that her proposed endeavor has a national scope and will generate significant 
benefits nationwide "due to the ripple effects of her professional activities." The Petitioner further 
claims that she will establish her proposed endeavor within a Small Business Administration (SBA) 
designated HUBZone inl IMassachusetts. The Petitioner, however, has not shown that the 
specific endeavor she proposes to undertake has significant potential to employ U.S. workers or 
otherwise offers substantial positive economic effects for the United States. We are also not persuaded 
by the Petitioner's intention to operate her proposed endeavor within a HUB Zone since the Petitioner 
has not adequately established what parameters the SBA considers when it establishes HUBZones. 
We therefore cannot evaluate whether these SBA-identified underutilized business zones are akin to 
the types of economically depressed areas within which creating employment could be a potential 
positive economic effect. 2 More importantly, the Petitioner has not offered sufficient information and 
2 The HUBZone program's goal is to promote business growth in underutilized business zones by awarding 3% of federal 
contract dollars to HUBZone-certified companies. That certification makes a business eligible to compete for certain 
federal contracts in the "set-aside" category. There are several required qualifications to participate in the program, but 
the most dispositive one for our analysis today is that the business seeking to participate in the HUBZone program must 
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evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of 
national importance. 
The Petitioner argues that her proposed endeavor will have a broad impact in the field of architecture 
and improve industry trends. She also contends that her endeavor aligns with several government 
initiatives and highlights the growing demand for architectural services. The first prong focuses on 
the proposed endeavor itself, not the petitioner. Id. The Petitioner must establish that her specific 
endeavor has national importance under Dhanasar 's first prong. The Petitioner emphasizes her 
extensive experience in the architectural industry, as well as her expertise in project management and 
entrepreneurship. Although we acknowledge the Petitioner's evidence and assertions, we conclude 
that the Petitioner has not shown that her proposed endeavor stands to sufficiently extend beyond her 
clients to enhance societal welfare on a broader scale indicative of national importance. In Dhanasar, 
we determined that the petitioner's teaching activities did not rise to the level of having national 
importance because they would not impact his field more broadly. Id. at 893. Here, the record does 
not establish that the Petitioner's proposed endeavor's impact will be nationally important. Moreover, 
although an individual's experience, qualifications, contributions, and achievements are material, they 
are misplaced in the context of the first Dhanasar prong. The Petitioner's professional experience is 
generally material to Dhanasar's second prong-whether an individual is well positioned to advance a 
proposed endeavor-but they are generally immaterial to the first Dhanasar prong-whether a specific, 
prospective, proposed endeavor has both substantial merit and national importance. See id. at 888-91. 
For the aforementioned reasons, the Petitioner's proposed work does not meet the first prong of the 
Dhanasar framework. Because the documentation in the record does not establish the national 
importance of her proposed endeavor as required by the first prong of the Dhanasar precedent decision, 
the Petitioner has not demonstrated eligibility for a national interest waiver. Since this issue is dispositive 
of the Petitioner's appeal, we decline to reach and hereby reserve the appellate arguments regarding her 
eligibility under the second and third prongs outlined in Dhanasar. See INS v. Bagamasbad, 429 U.S. 
24, 25 (1976) ("courts and agencies are not required to make findings on issues the decision of which is 
unnecessary to the results they reach"); see also Matter ofL-A-C-, 26 I&N Dec. 516,526 n.7 (BIA 2015) 
( declining to reach alternative issues on appeal where an applicant is otherwise ineligible). 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we conclude 
that she has not established she is eligible for or otherwise merits a national interest waiver as a matter of 
discretion. The appeal will be dismissed for the above stated reasons. 
ORDER: The appeal is dismissed. 
be at least 51 % owned by U.S. citizens, a community development corporation, an agricultural cooperative. an Alaska 
Native corporation, a Native Hawaiian organization, or an Indian tribe. While it is unknown and the record is silent as to 
whether any federal programs exist in the "set-aside" category for endeavors like the one the Petitioner proposes, it appears 
as though the Petitioner's proposed endeavor would be wholly owned and controlled by the Petitioner and that the 
Petitioner is not a U.S. citizen, a community development corporation, an agricultural cooperative, an Alaska Native 
corporation, a Native Hawaiian organization, or an Indian tribe. We therefore question whether the Petitioner would even 
be eligible to participate in the HUBZone program. 
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