dismissed EB-2 NIW Case: Aviation Supply

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: APR. 22, 2024 In Re: 30648442 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an entrepreneur in the aviation supply industry, 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. § l 153(b)(2). 
The Director of the Texas Service Center denied the petition, concluding that the record did not 
establish that the Petitioner is eligible for a national interest waiver as a matter of discretion. The 
matter is now before us on appeal pursuant to 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 Christo '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. 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. 
An advanced degree is any U.S. academic or professional degree or a foreign equivalent degree above 
that of a bachelor's degree. A U.S. bachelor's degree or foreign equivalent degree followed by five 
years of progressive experience in the specialty is the equivalent of a master's degree. 8 C.F.R. 
§ 204.5(k)(2). 
If a petitioner demonstrates eligibility for the underlying EB-2 classification, 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 of Dhanasar, 26 l&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. 
II. ANALYSIS 
A. EB-2 Classification 
The Petitioner is an entrepreneur in the aviation supply industry. She submitted a master's degree in 
business administration in aviation from ______________ in Florida. The 
Director concluded that the Petitioner qualifies as a member of the professions holding an advanced 
degree and we agree. 
B. National Interest Waiver 
1. Substantial Merit 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
individual 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. Dhanasar at 889. 
The Petitioner's proposed endeavor is to operate her family's aircraft parts manufacturing company in 
the United States. She hopes to facilitate the supply of quality aircraft parts to support the U.S. aviation 
industry, generate economic growth, create jobs, and help facilitate international trade and tourism. 
The record contains industry reports and articles on the importance of the aviation industry, the 
shortage of skilled workers in the field and its impact on supply, and U.S. government initiatives in 
support of the industry. We conclude that the proposed endeavor has substantial merit. 
2. National Importance 
In determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. Id. The Petitioner asserts that the Director's decision, "[c]ontains instances of a 
misunderstanding and misapplication of law that go beyond harmless error and reach the levels of 
abuse of discretion." Upon de novo review, we conclude that the Director properly analyzed the 
evidence to evaluate the Petitioner's eligibility by a preponderance of evidence and the Petitioner did 
not demonstrate that her proposed endeavor satisfies the national importance element of Dhanasar's 
first prong, as discussed below. Matter ofChawathe, 25 I&N Dec. at 375-76. 
1 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Ninth, Eleventh, and D.C. Circuit Courts (and Third 
in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary 
in nature). 
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The Petitioner contends the record includes, "[a] clear, concise, and articulable proposed endeavor on 
which to base the assessment of the first prong as well as ... a comprehensive national importance 
statement that contained ample arguments from the Petitioner regarding the national importance of the 
proposed endeavor." The proposed endeavor statement details a shortage of aircraft parts in the U.S. 
aviation industry that was exacerbated by the COVTD-19 pandemic. The Petitioner states that her 
endeavor will be located in Central Florida and will replicate her family company, using her 
knowledge in aeronautical parts development and quality systems to satisfy the spare parts needs of 
the U.S. military and commercial aviation companies. In response to the request for evidence, the 
Petitioner submitted a national importance statement. She states that her proposed endeavor meets the 
requirement of national importance by helping the U.S. government maintain national defense 
capabilities, maintain readiness, and keep aircrafts operational. She highlights various government 
initiatives that prioritize the aviation industry and its importance to the U.S. defense sector and the 
economy. 
Dhanasar states that a proposed endeavor, "may have national importance because it has national or 
even global implications within a particular field, such as certain improved manufacturing processes 
or medical advances." Dhanasar 26 T&N Dec.at 889. The record does not contain any detailed 
information on the national or global implications of the Petitioner's specific proposed endeavor or 
any advances in the industry that would be directly attributable to her and her proposed endeavor. 
There is information on the industry and how the industry impacts different national priorities such as 
national defense and the economy; however, there is no information on the possible national or global 
implications of her specific proposed endeavor. For example, in the Petitioner's national importance 
statement, she states that her, "[p]]roposed endeavor consists of developing spare parts for military 
aircraft maintenance," and that she will, "[ a ]ddress key issues in the current maintenance process ... 
develop new, innovative spare parts that are durable, reliable and cost effective. This endeavor 
involves the development of new maintenance protocols and procedures ... and the training of military 
personnel and how to use the components effectively." The Petitioner does not explain how she will 
do this with any specificity or how she will develop spare parts in number or in an innovative manner 
that may have "national or global implications" within the field. The remainder of the national 
importance statement discusses the spare parts industry and government initiatives that support the 
industry but does not discuss further specifics of her proposed endeavor. 
A proposed endeavor may meet the requirement of national importance by having, "significant 
potential to employ U.S. workers" or "other substantial positive economic effects, particularly in an 
economically depressed area." Id at 890. The Petitioner states that the aviation industry impacts the 
national economy and that her endeavor will create jobs. However, the evidence in the record such as 
her national importance statement and her project proposal, do not detail the kind of jobs or number 
of jobs that will be created. It also does not detail other economic impacts that would be directly 
attributable to the Petitioner's proposed endeavor from which we can determine if her proposed 
endeavor would have the potential to employ a significant number of U.S. workers or have 
substantially positive economic effects or impact an economically depressed area. The project 
proposal does say that she plans to, "[w ]ork hand in hand with the team of engineers [ she knows] in 
the area for the development of new products." However, this does not constitute creating new jobs 
and does not address any economic impact her proposed endeavor might have. 
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The recommendation letter from I I does address job creation however it does so in vague 
terms stating, "[h]er endeavors ... will also create job opportunities for U.S. workers, as the aviation 
industry grows and demands for new products and services increase, there will be a need for skilled 
workers." He also states that, "[t]he aviation industry is a key component of the U.S. economy, 
supporting millions ofjobs and generating billions of dollars in revenue each year." These statements 
do not estimate how many jobs will be created by the Petitioner's proposed endeavor or when they 
will be created. In addition, it addresses job creation and the impact on the economy in respect to the 
aviation industry and not necessarily the Petitioner's proposed endeavor. Without more information 
on how the proposed endeavor will operate and what the prospective scale of impact will be, we are 
unable to determine the proposed endeavor's impact beyond the Petitioner's direct clients. 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. Without 
information on a broader impact on the industry itself, we cannot determine that the proposed endeavor 
meets the threshold of national importance. 
The Petitioner also highlights industry articles and reports regarding the aviation industry being a 
priority for the U.S. government. In determining national importance, the relevant question is not the 
importance of the field, industry, or profession in which the individual will work; instead, we focus 
on the "the specific endeavor that the foreign national proposes to undertake." Id. at 889. We 
recognize the value and importance of the industry; however, working in an important field is 
insufficient to establish the national importance of the proposed endeavor. Here, the Petitioner 
improperly relies upon the importance of the industry to establish the national importance of her 
proposed endeavor. Although this evidence provides good background information on the industry 
itself: without sufficient documentary evidence of the specific proposed endeavor's broader impact on 
the industry, the Petitioner's proposed endeavor does not meet the "national importance" element of 
the first prong of the Dhanasar framework. 
The record also contains letters of recommendation that support her claims, however they too do not 
go into detail on the full breadth of her proposed endeavor's impact. While we do not discuss each 
piece of evidence individually, we have reviewed and considered the record in its entirety. As the 
Petitioner's proposed work does not meet the first prong of the Dhanasar framework, the Petitioner 
has not demonstrated eligibility for a national interest waiver. Because the identified reasons for 
dismissal are dispositive of the Petitioner's appeal, we decline to reach and hereby reserve remaining 
arguments concerning eligibility under the Dhanasar framework. See INS v. Bagamasbad, 429 U.S. 
24, 25 (1976) (stating that agencies are not required to make "purely advisory findings" on issues that 
are unnecessary to the ultimate decision); see also Matter ofL-A-C-, 26 I&N Dec. 516,526 n.7 (BIA 
2015) ( declining to reach alternative issues on appeal where the applicant did not otherwise meet their 
burden of proof). 
III. CONCLUSION 
The Petitioner has not met the requisite first prong of the Dhanasar analytical framework. We 
therefore conclude by a preponderance of the evidence that the Petitioner has not established that she 
is eligible for or otherwise merits a national interest waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
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