dismissed EB-2 NIW Case: Business

U.S. Citizenship 
and Immigration 
Services 
In Re: 24993289 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR . 1, 2023 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, a sales 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 Petitioner has not 
established that her proposed endeavor is of national importance and, therefore, she is not eligible for 
a national interest waiver as a matter of discretion . The matter is now before us on appeal. 8 C.F.R. 
§ 103.3. On appeal, the Petitioner contends that the Director has imposed novel substantive and 
evidentiary requirements beyond those set forth in the regulations, did not properly review every piece 
of evidence submitted, and made an erroneous conclusion. 
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 a bachelor's degree. 8 C.F.R. § 204.5(k)(2). A U.S. bachelor's degree or a foreign equivalent 
degree followed by five years of progressive experience in the specialty is the equivalent of a master's 
degree. Id. 
Profession is defined as one of the occupations listed in section 10l(a)(32) of the Act 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. 1 8 C.F.R. § 204.5(k)(2). 
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. 
II. ANALYSIS 
A. Advanced Degree Professional 
The Director did not include a determination of the Petitioner's eligibility for EB-2 visa classification 
in his decision. The Petitioner claimed eligibility as a member of the professions holding an advanced 
degree. The record includes (1) a copy of the Petitioner's diploma from Universidadel I 
in Brazil, awarding her the title of Bachelor of Law, (2) a copy of her university record, and (3) an 
education evaluation concluding that this degree is the equivalent of a U.S. bachelor's degree in legal 
studies. In addition, the Petitioner submitted a letter from her former employer, I I 
documenting her employment with the company as a "full 
seller" from May 2007 to August 2018. The Petitioner also submitted a position description of a seller. 
The record establishes the Petitioner's qualification as a member of the professions holding an 
advanced degree based on her foreign equivalent degree of a U.S. bachelor's degree followed by five 
years of progressive experience in the specialty. Therefore, the Petitioner established her eligibility 
for EB-2 immigrant visa classification. 
B. National Interest Waiver 
The first prong of the Dhanasar analytical framework, 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. Dhanasar, 26 I&N Dec. at 889. 
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 101(a)(32) of the Act. 
2 See also 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). 
2 
The Director did not include a determination of substantial merit of the Petitioner's proposed endeavor 
in his decision. The Petitioner proposed to work as a sales manager in the field of business. The 
Petitioner claims that her proposed endeavor will have "multiple positive effects on the U.S. 
marketplace, thus enhancing business operations on behalf of the nation and contributing to a 
streamlined economic landscape." As such, we conclude that the Petitioner's proposed work has 
substantial merit. 
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 "the specific endeavor that the 
foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. In addition, we 
indicated 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. 
The Petitioner initially indicated that her proposed endeavor is to open her own sales consultancy 
business and continue working as a sales manager with American companies that require her 
specialized knowledge, experience, and expertise working in the fields of sales management, business 
administration, strategic planning, negotiations, business development, strategic partnerships, 
financial analysis, customer service, logistics, law, and leadership. The Petitioner initially submitted 
(1) letters of support from her former colleagues, (2) an expert opinion letter from a professor of 
marketing at I State University, (3) summary report for sales managers, and (4) various 
articles about sales integration for revenue growth, the importance of international business, the 
important role of sales in every business and in an organization, ways to survive the sales talent 
shortage, and a sales talent crisis. 
The letters of support from her former colleagues talk about the significant impact and value on a 
variety of projects completed by the Petitioner while working for her former employer, I 
Therefore, it appears that these letters were submitted to support the second prong to demonstrate that 
the Petitioner is well positioned to advance the proposed endeavor. The professor states that it would 
be a significant economic loss for the United States to miss the opportunity to benefit from the 
Petitioner's advanced knowledge and skills in sales management. As such, it appears that the expert 
opinion letter from the professor was submitted to support the third prong to demonstrate that, on 
balance, waiving the job offer requirement would benefit the United States. The summary report for 
sales managers and various articles do not directly relate to the Petitioner's specific endeavor of 
providing sales consultancy services to companies as a sales manager in the field of business. In the 
request for evidence (RFE), the Director notified the Petitioner that she had not established that her 
initial proposed endeavor was of national importance. 
In response to the RFE, the Petitioner proposed to start a trading company, 
I I in the fields of sales and international law to offer services related to business trading, 
sales, and marketing to small and medium sized companies in the United States and serve as the 
company's chief executive officer (CEO). 
3 
In response to the RFE, the Petitioner submitted (1) letters of support from her former colleagues, (2) 
summary report and statistics about general and operations managers, (3) a study about future global 
shortages for skilled workers, and (4) various articles about the history and future of operations, 
fostering global competence, operations management, the importance of international companies, the 
benefits of international investment, the impacts of foreign investment to the U.S. economy, 
operational innovation, human resource management, companies' failure and a potential for 
improvement, the failure of Wal-Mart Stores Inc. in Brazil, and the failure of big brands 
internationally. 
The letters of support from her former colleagues provide a few examples of projects completed by 
the Petitioner while working for her former employer, I and talk about the 
important role the Petitioner played in the company. As such, it appears that these letters were 
submitted to support the second prong to demonstrate that the Petitioner is well positioned to advance 
the proposed endeavor. Regarding the summary report and statistics for general and operation 
managers, the study about future global shortages for skilled workers, and various articles, the 
documents do not directly relate to the Petitioner's specific endeavor of starting a trading company in 
the fields of sales and international law and managing that company as its CEO. For example, the 
articles about operations management and human resources management discuss the importance of 
the profession in which the Petitioner will work, but the Petitioner did not explain how they relate to 
her endeavor of starting a trading company in the fields of sales and international law and managing 
that company as its CEO. 
The Petitioner submitted articles about a sales talent shortage and a study about future global shortages 
for skilled workers. The U.S. Department of Labor addresses worker shortages through the labor 
certification process, and, therefore, a shortage of qualified professionals alone is not sufficient to 
demonstrate eligibility for the national interest waiver. See Matter of New York State Department of 
Transportation, 22 I&N Dec. 215,218 (Act. Assoc. Comm'r 1998). 
The RFE response also included Articles of Organization, Limited Liability Company Operating 
Agreement, and a business plan for the Petitioner's newly created trading company, I I 
The business plan states that the company will act as an intermediary to small 
and medium sized companies and will help connect buyers and sellers, facilitating commercial 
operations involving international clients. The business plan also indicates that the company plans to 
provide broker services, sales consulting services, and market analysis to its customers. However, the 
business plan does not identify prospective customers or the type of projects and the industry the 
company would serve. As such, the business plan does not sufficiently demonstrate the potential 
implications of services to be provided by the company to its customers within a particular field or 
industry. 
As for the economic value and job creation, the business plan includes projections of $666,000 in total 
revenue and hiring 9 foll-time employees and 6 contractors by the fifth year of operations. But the 
business plan does not provide sufficient detail of the basis for these projections or adequately explain 
how these income and staffing targets will be realized. Therefore, it does not sufficiently demonstrate 
that the Petitioner's business will have an impact on a particular industry or the U.S. economy at a 
level commensurate with national importance. In addition, the Petitioner asserts that her company 
will boost local economies, specifically in the underserved business zones of several states across the 
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United States. The business plan states that the headquarters and its first branch office of the company 
will be based inl I Florida, and that the company plans to open three branch offices across the 
United States over the period of five years. However, the record does not specify the locations of the 
headquarters and three branch offices or provide unemployment statistics for the areas where the 
company will principally be doing business or other sufficient evidence. Therefore, the record does 
not sufficiently establish that the company will be operating its business in the underserved business 
zones or that the endeavor would otherwise have substantial positive economic effects. 
On appeal, the Petitioner repeats that her proposed endeavor is national in scope because her 
professional activities will "generate substantial ripple effects upon key commercial and business 
activities on behalf of the United States, serving the business management and business functions of 
U.S. companies." The Petitioner further asserts that her proposed endeavor is a "vital aspect of U.S. 
companies' operations and sales, which contributes to a revenue-enhanced business ecosystem and an 
enriched, productivity-centered economy." The Petitioner also asserts that her proposed endeavor will 
also "contribute to tax revenue and ultimately help increase the flow of money in the United States on 
a national level, which will contribute to an enhanced U.S. gross domestic product." The Petitioner 
states that she intends to "continue implementing resourceful sales strategies, designing marketing 
plans, maintaining positive relationships with professional colleagues, and identifying any 
opportunities for business development through extensive research." While the Petitioner claims that 
her professional activities will generate revenue growth and increased productivity for U.S. 
companies, she did not provide specific plans, detailed projects, or other sufficient evidence to explain 
how her sales strategies, marketing plans, business relationships, and more business opportunities will 
have broader implications in the fields of sales and international law that rise to the level of national 
importance or that these practices would impact the fields beyond the company and its clients. 
The Petitioner's initial proposal to work with companies as a sales manager in the field of business to 
provide sales consultancy services was not supported by sufficient evidence of its national importance 
under the first prong of the Dhanasar analytical framework. In addition, the evidence submitted in 
support of the new endeavor to form a trading company in the fields of sales and international law and 
manage that company as its CEO still does not sufficiently establish its national importance. The 
record does not sufficiently indicate how providing broker services, sales consulting services, and 
market analysis to the company's customers will translate into broader implications in the fields of 
sales and international law. Accordingly, we conclude that the Petitioner has not established that she 
has satisfied the first prong of the Dhanasar framework. 
On appeal, the Petitioner asserts that she meets the second and third Dhanasar prongs; however, since 
the identified basis for denial is dispositive of the Petitioner's appeal, we will reserve these issues. 3 
III. CONCLUSION 
3 See INS v. Bagamasbad, 429 U.S. 24. 25-26 (1976) (stating that, like courts, federal agencies are not generally required 
to make findings and decisions 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). 
5 
As the Petitioner has not established by a preponderance of the evidence her eligibility under the first 
prong of the Dhanasar framework, she is not eligible for and otherwise merits a national interest 
waiver. 
ORDER: The appeal is dismissed. 
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