dismissed EB-2 NIW Case: Business Administration

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : WL. 17, 2023 In Re: 26929638 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a business administrator, seeks second preference immigrant classification as a 
member of the professions holding an advanced degree or as an individual of exceptional ability, as 
well as a national interest waiver of the job offer requirement attached to this EB-2 classification . 
Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2). 
The Director of the Nebraska Service Center denied the petition, concluding the Petitioner had not 
established eligibility for 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. 1 
I. LAW 
To establish eligibility for a national interest waiver, petitioners must 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. In addition, 
petitioners must show the merit of a discretionary waiver of the job offer requirement "in the national 
interest." Section 203(b )(2)(B)(i) of the Act. Matter ofDhanasar, 26 I&N Dec. 884, 889 (AAO 2016) 
provides that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion 2, grant 
a national interest waiver if: 
1 The Director's decision only addressed the Petitioner 's eligibility for a national interest waiver, which is the sole issue 
on appeal. Because the Petitioner did not establish eligibility for a national interest waiver on appeal, we need not remand 
the matter to the Director in order to make a determination on the underlying immigration classification. 
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). 
• 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 
As it relates to the national interest waiver, the first prong relates to substantial merit and national 
importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. At initial filing, the 
Petitioner's cover letter indicated: 
. . . [The Petitioner] intends to advance her career as a Business Administrator and by 
doing so, develop, implement, and advise using her in-depth knowledge acquired 
through years of experience in the field. [The Petitioner] will make her services 
available to small and large businesses belonging to both the private and public sector 
in the United States. She is determined to use her expertise as a means to complement 
and enhance businesses in the U.S. and to be a contributing member of American 
society. 
Petitioner's expert and unique skills will be crucial for the success of companies that 
need to improve operations, increase sales and productivity, and develop business 
relationships in the United States. [The Petitioner's] in depth-understanding of 
Business Administration will serve as an asset, promoting business growth and 
prosperity in the country. 
. . . Petitioner's expertise in human resources, personal management, and recruitment 
selection, along with her ability to reformulate, implement and manage personnel 
departments, identify specific team development needs, create, develop and implement 
salary and bonus programs, and participate in HR systems migration projects, will serve 
as an asset to U.S. businesses needing to grow, retain staff and improve performance 
levels. 
The Petitioner also submitted a "Professional Plan" stating: 
I intend to continue my activities as a Business Administrator, utilizing all of the 
academic knowledge I acquired, along with my professional experience, which has 
considerably contributed toward the successful development of my work in an efficient 
manner, guaranteeing the best results. I also intend in improving my knowledge and 
performance by taking new courses according to the demand in the field, which is 
constantly evolving. 
2 
. . . I will promote business administration, ultimately contributing to companies in the 
Information Technology industry in the country .... 
I will also use my experience in Business Administration with focus on Information 
Technology to help small and medium-sized enterprises in the U.S. improve operations 
and achieve better productivity and profitability levels .... 
I will offer intelligent and innovative business development techniques aimmg at 
supporting many businesses by optimizing processes, reducing costs, increasing 
productivity, enhancing business intelligence and helping companies operate more 
efficiently. 
. . . I will organize the business processes for American companies and develop 
business, implement indicators in the marketing/commercial areas, and successfully 
lead the administration .... 
. . . I will pursue the spread of my knowledge to reach a great number of professionals 
in the field 
In response to the Director's request for evidence, the Petitioner submitted an updated "Professional Plan" 
reflecting: 
I will implement my refined set of skills in the most modem strategies and techniques 
of Business Administration in order to stimulate exponential growth to organizations 
located in the United States. 
. . . I will oversee the daily operations of organizations and be responsible for interacting 
with external and internal partners, colleagues and chain of command, negotiating 
contracts, analyzing financial data, and improving the overall business and employee 
performance . 
. . . I will play an essential part ofthe team that makes a business successful and profitable, 
ensuring organization and productivity .... 
I will help companies from different sectors to improve their internal processes and 
achieve their goals more effectively .... 
The Director determined the Petitioner demonstrated the proposed endeavor's substantial merit but not 
its national importance. On appeal, the Petitioner maintains: 
3 
[The Petitioner's] proposed endeavor will broadly impact various areas since 
companies' financial health are a subject of national, even global importance. Planned 
and effective investments can change the path of a company, and poorly managed 
finances can lead them to bankruptcy. Not only that, but the Petitioner's experience in 
business IT systems meets the demands of modem economy, as institutions seek to be 
more efficient and accurate with lower investments. The Petitioner will ensure 
corporations' business operations are well-structured and financially sustainable and, 
thus, enhance American businesses' development and expansion. 
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 
foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. Although the Petitioner 
stresses the importance of business administration, including the submission of documentation 
covering topics of small businesses, administrative occupations, marketing, and trade, the Petitioner 
must demonstrate the national importance of her specific, proposed endeavor of providing her 
particular business administration services rather than the importance of business administration and 
various fields and industries. 3 In Dhanasar, we 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. 
Moreover, the record contains expert opinion letters who found the Petitioner's proposed endeavor 
has national importance. The letters, however, make the same arguments, discussed above, relating 
to the importance of business administration rather than explaining the national importance of the 
Petitioner's specific, proposed endeavor. Furthermore, the letters do not explain how the Petitioner's 
business administrative services have broader implications for our country. To evaluate whether the 
Petitioner's proposed endeavor satisfies the national importance requirement, we look to evidence 
documenting the "potential prospective impact" of his work. Dhanasar, 26 I&N Dec. at 889. Here, 
the Petitioner did not demonstrate how her proposed endeavor largely influences the field and rises to 
the level of national importance. In Dhanasar, we determined 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. Likewise, the record does not show through supporting documentation how her 
business services stand to sufficiently extend beyond her prospective employer(s), to impact the 
industry or the U.S. economy more broadly at a level commensurate with national importance. 
The Petitioner also refences the submission of recommendation letters who highlighted her past 
successes with businesses. Although the letters praise her for her work, the Petitioner's past work, 
including her skills, expertise, and abilities, relate to the second prong of the Dhanasar framework, 
which "shifts the focus from the proposed endeavor to the foreign national." Id. at 890. The issue 
here is whether the specific endeavor she proposes to undertake has national importance under 
3 The Petitioner's arguments and evidence relate more to the substantial merit aspect of the proposed endeavor rather than 
the national importance part. 
4 
Dhanasar's first prong. In addition, the letters discuss the impact of the Petitioner's work to their own 
experiences rather than the required broad impact to the business administration industry. Id. at 889. 
Furthermore, the Petitioner did not demonstrate how her proposed endeavor has significant potential 
to employ U.S. workers or otherwise offers substantial positive economic effects for our nation. 
Without evidence regarding any projected U.S. economic impact or job creation attributable to her 
proposed endeavor, the record does not show any benefits to the U.S. regional or national economy 
resulting from her business administration activities would reach the level of "substantial positive 
economic effects" contemplated by Dhanasar. Id. at 890. For all these reasons, the record does not 
establish that, beyond the limited benefits provided to her prospective clients and employers, the 
Petitioner's proposed endeavor has broader implications rising to the level of having national 
importance or that it would offer substantial positive economic effects. 
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. Further analysis of her eligibility under the second 
and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose. 4 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong ofthe Dhanasar analytical framework, we conclude 
that she has not demonstrated eligibility for or otherwise merits a national interest waiver as a matter 
of discretion. The appeal will be dismissed for the above stated reasons, with each considered as an 
independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
4 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 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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