dismissed EB-2 NIW Case: Business

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: SEPT. 2, 2024 In Re: 32459534 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an executive manager in the field of business, 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 the record did not 
establish that the Petitioner is eligible for or otherwise merits a national interest waiver as a matter of 
discretion. 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. 
An advanced degree is any U.S. academic or professional degree or a foreign equivalent degree above 
that of baccalaureate. 8 C.F.R. § 204.5(k)(2). A U.S. baccalaureate degree or a foreign equivalent 
degree followed by five years of progressive experience in the specialty shall be considered the 
equivalent of a master's degree. Id. 
Profession is defined as one of the occupations listed in section 101(a)(32) of the Act, 8 U.S.C. 
§ 1101(a)(32), 1 as well as any occupation for which a U .S. baccalaureate degree or its foreign 
equivalent is the minimum requirement for entry into the occupation. 8 C.F.R. § 204.5(k)(2). 
1 Profession shall include, but not be limited to, architects, engineers, lawyers, physicians, surgeons, and teachers in 
elementary or secondary schools, colleges, academics, or seminaries. Section 10l (a)(32) of the Act. 
Once a petitioner demonstrates eligibility as either a member of the professions holding an advanced 
degree or an individual of exceptional ability, 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 I&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, 2 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. 
Id. 
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. In determining 
whether the proposed endeavor has national importance, we consider its potential prospective impact. 
Id. 
The second prong shifts the focus from the proposed endeavor to the individual. To determine whether 
they are well positioned to advance the proposed endeavor, we consider factors including, but not 
limited to: their education, skills, knowledge and record of success in related or similar efforts; a 
model or plan for future activities; any progress towards achieving the proposed endeavor; and the 
interest of potential customers, users, investors, or other relevant entities or individuals. Id. at 890. 
The third prong requires a petitioner to demonstrate 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. In performing 
this analysis, we may evaluate factors such as: whether, in light of the nature of the individual's 
qualifications or the proposed endeavor, it would be impractical either for them to secure a job offer 
or to obtain a labor certification; whether, even assuming that other qualified U.S. workers are 
available, the United States would still benefit from their contributions; and whether the national 
interest in their contributions is sufficiently urgent to warrant forgoing the labor certification process. 
In each case, the factor(s) considered must, taken together, establish 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. 
Id. at 890-91. 
II. ANALYSIS 
As indicated above, the 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. The Director determined that the 
Petitioner qualifies for EB-2 visa classification as an individual holding an advanced degree based on 
2 See Flores v. Garland. 72 F.4th 85. 88 (5th Cir. 2023) (joining the Third, Ninth, Eleventh, and District of Columbia 
Circuit Courts in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary in nature). 
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his bachelor's degree in accounting sciences and at least five years of progressive experience in the 
specialty, and we agree. The remaining issue on appeal is whether the Petitioner is eligible or 
otherwise merits a waiver of that classification's job offer requirement. We conclude that he is not 
because he has not established by a preponderance of the evidence the national importance of his 
proposed endeavor. 
The Petitioner proposed to work in the United States as an executive manager and provide services in 
accounting and compliance, banks and finance, organizational restructuring and strategic 
management, team leadership, strategic planning, and customer relationship management to impact 
the field of business. 
The Director determined that the Petitioner's proposed endeavor has substantial merit but does not 
have national importance because he has not demonstrated that his proposed endeavor has national or 
global implications within a particular field or has significant potential to employ U.S. workers or 
otherwise offers substantial positive economic effects for our nation. The Director did not discuss the 
second and third prongs of the Dhanasar framework and concluded that the Petitioner is not eligible 
for and does not merit a national interest waiver as a matter of discretion because the record did not 
establish the national importance of his proposed endeavor. On appeal, the Petitioner contends that 
the Director's decision contains numerous erroneous conclusions oflaw and fact and maintains that 
his proposed endeavor is of national importance. 
The Petitioner claims that he has submitted supporting evidence to establish that his proposed 
endeavor has national or even global implications in the finance and credit cooperative sectors. He 
cites documents, which provide definitions of financial cooperative and credit cooperative, and asserts 
that these documents highlight the nature and significance of credit cooperatives and their role in 
promoting financial justice, prosperity, and social responsibility. He submitted an article about credit 
unions, which explains the role that cooperatives play in the development of the communities in which 
they are located has a positive impact on income, employment, and entrepreneurship. 
However, in determining national importance, the relevant question is not the importance of the 
industry or profession in which the individual will work. Instead, we focus on the specific endeavor 
that the noncitizen proposes to undertake. See Dhanasar, 26 I&N Dec. at 889. As such, the 
Petitioner must demonstrate by a preponderance of the evidence that his proposed endeavor to work 
as an executive manager and provide accounting, finance, and other services in the field of business is 
of national importance. While the article discusses benefits that credit cooperatives offer to the 
communities, it does not address the Petitioner's specific proposed endeavor or establish that his 
proposed endeavor is of national importance. 
The record includes expert opinion letters from I Ia professor of international business at 
landl Ia professor of practice at ________ Professor 
assertasserts that the Petitioner's proposed endeavor in business management is important to the 
United States because it promotes the growth and expansion of small businesses that make up 99% of 
businesses in the United States and increased profitability from better financial management. 
Professor explains that chief executives implement policies of organizations or businesses to 
ensure continuing operations, to maximize returns on investments, or to increase productivity. He also 
explains that managers are critical to providing resources, improving staffing, facilitating 
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communication, and providing stability. He also states that financial specialists help businesses 
understand consequences, analyze risks, and evaluate cash flows to improve performance and 
operations. In his letter, Professor asserts that the Petitioner's proposed endeavor in finance has 
both substantial merit and national importance because modem economies depend on a thriving 
financial sector, finance and insurance represent 7.4% or $1.5 trillion of U.S. gross domestic product, 
and financial services and products help facilitate and finance the export of U.S. manufactured goods 
and agricultural products. Professor further explains that growth supported by enterprises pays 
dividends for all U.S. citizens by increasing tax revenues to the federal and state governments and 
increasing the funds available to spend on hospitals, schools, roads, and other essential services. 
users may, in its discretion, use as advisory opinions statements from universities, professional 
organizations, or other sources submitted in evidence as expert testimony. See Matter of Caron 
International, 19 I&N Dec. 791, 795 (eomm'r 1988). Nevertheless, users is responsible for making 
the final determination regarding a petitioner's eligibility for the benefit sought. See id. The expert 
opinion letters discuss the importance of finance, business management, and small businesses to the 
U.S. economy and highlight the important roles chief executives, managers, and financial specialists 
play for their organizations or businesses. However, again, in determining national importance, the 
relevant question is not the importance of the industry or profession in which the individual will 
work but the specific endeavor that the Petitioner proposes to undertake. See Dhanasar, 26 I&N 
Dec. at 889. While we value expert opinion letters, they do not provide sufficient information and 
evidence to substantiate their claims that the Petitioner's proposed endeavor is of national importance. 
The Petitioner asserts that the best way to estimate the prospective impact of one's work is by 
evaluating the individual's past achievement and that the broader implications of his work may be 
demonstrated by the fact that his contributions have rendered impressive results. He then discusses 
his education, work experience in the credit cooperative sector, participation in credit cooperative 
studies programs and events, membership with the Association of Nonprofit Accountants and Finance 
Professionals, and implementation of projects that contributed to the growth of his former employer. 
The record contains the Petitioner's resume, employment verification letters, diploma, school 
transcripts, certificates for completion of various programs, training, and courses, accountant license 
in Brazil, and support letters from his former colleagues discussing the Petitioner's work experience, 
skills, and contributions to his former employers. 
In Dhanasar, we indicated that we look for broader implications of the proposed endeavor and that an 
undertaking may have national importance, for example, because it has national or even global 
implications within a particular field. See id. at 889. The Petitioner's education, work experience, 
professional achievements, past contributions to his former employers, and other professional 
qualifications are relevant under the second prong of Dhanasar to support the claim that that he is well 
positioned to advance the proposed endeavor. See id. at 890. The first prong, substantial merit and 
national importance, focuses on the specific endeavor that the individual proposes to undertake. See 
id. at 889. 
The Petitioner's education, professional achievements, and contributions to his former employers do 
not address his proposed undertaking and do not sufficiently explain how his proposed endeavor to 
work as an executive manager and provide various services in the field of business offers benefits that 
extend beyond his employer or clients to impact the field of business more broadly. Additionally, 
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while Petitioner's professional plans reflect his intention to provide various services in the field of 
business as an executive manager for his employer or clients, he has not provided sufficient 
information and evidence to demonstrate that the prospective impact of his proposed endeavor rises 
to the level of national importance. Without sufficient documentary evidence of its broader impact, 
the Petitioner's proposed endeavor does not meet the national importance element of the first prong 
of the Dhanasar framework. 
The Petitioner also contends that he has submitted supporting evidence to establish that his proposed 
endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive 
economic effects for the United States. He cites a study conducted by Joe Folsom of U.S. Department 
of Agriculture, Rural Business, in 2003 to measure the economic impact of cooperatives in Minnesota. 
The Petitioner states that the study shows that $6.07 billion in revenues generated by cooperatives and 
credit unions resulted in total direct, indirect, and induced impacts of $10.89 billion in output and a 
total employment figures of 79,363. He further states that the study highlights the substantial benefits 
of local ownership and single-level taxation, leading to increased output, employment, and tax 
revenues. The Petitioner claims that his commitment to fostering relationships with government 
agencies, market actors, and customers and his international background support the claim that his 
proposed endeavor extends beyond his employers and clients, thereby offering substantial positive 
economic effects for the nation. 
In Dhanasar, we stated that an endeavor that has a 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. See Dhanasar, 26 I&N Dec. at 890. 
As for the economic value and job creation that the Petitioner asserts his services will offer, the record 
does not contain sufficient supporting evidence. The preponderance of the evidence standard requires 
the evidence demonstrate that the petitioner's claim is probably true, where the determination of truth 
is made based on the factual circumstances of each individual case. Matter ofChawathe, 25 I&N Dec. 
at 3 76. In evaluating the evidence, truth is to be determined not by the quantity of evidence alone but 
by its quality. See id. 
Here, lack of supporting details and evidence detracts from the credibility and probative value of the 
claim regarding job creation and other substantial positive economic effects. The record lacks 
sufficient evidence demonstrating that the Petitioner's services as an executive manager will have an 
impact on the field of business at a level commensurate with national importance. The Petitioner has 
not offered sufficient evidence that his services as an executive manager will enable his employer or 
clients to employ a significant population of workers in an economically depressed area or that his 
endeavor would offer a particular U.S. region or its population a substantial economic benefit through 
employment levels or business activity. Accordingly, the record does not sufficiently demonstrate 
that the Petitioner's proposed endeavor is of national importance. 
Lastly, the Petitioner argues that the national importance of his proposed endeavor is further evidenced 
by the professional demand and talent shortage in business. He explains that employment of top 
executives is projected to grow 6% from 2021 to 2031 and that about 318,100 openings for top 
executives are projected each year over the next decade. He further states that there is a significant 
shortage of leaders prepared to fill key leadership roles and that without solid leadership pipelines, 
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organizations can find it difficult to have the best people in the top jobs to navigate the everyday 
challenges of running a business and responding to and recovering from crises. 
We are not persuaded by the argument that the Petitioner's proposed endeavor has national importance 
due to the professional demand and talent shortage in business because he has not established that his 
proposed endeavor stands to impact or significantly reduce the claimed national shortage. 
Furthermore, shortages of qualified workers are directly addressed by the U.S. Department of Labor 
through the labor certification process. See 20 C.F.R. § 656; 8 U.S.C. § l 182(a)(5)(A), l 182(p)(l). 
Therefore, a shortage of qualified professionals is not sufficient to demonstrate eligibility for the 
national interest waiver. 
Because the evidence in the record does not establish the national importance of his proposed endeavor 
as required by the first prong of the Dhanasar precedent decision, the Petitioner has not demonstrated 
eligibility for a national interest waiver. Therefore, further analysis of his eligibility under the second and 
third prongs outlined in Dhanasar would serve no meaningful purpose, and we will reserve these issues 
for future consideration should the need arise. 3 
III. CONCLUSION 
Although the Petitioner has shown that he is a member of the professions holding an advanced degree 
and that his proposed endeavor to work as an executive manager in the field of business has substantial 
merit, he has not established by a preponderance of the evidence that his proposed endeavor is of 
national importance. Accordingly, we conclude that the Petitioner is ineligible for and otherwise does 
not merit a national interest waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
3 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 of L-A-C-, 26 l&N Dec. 516. 526 n.7 (BIA 
2015) ( declining to reach alternate issues on appeal where an applicant is otherwise ineligible). 
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