dismissed EB-2 NIW Case: Business Administration

U.S. Citizenship 
and Immigration 
Services 
In Re: 10183910 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 19, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, an administrative services specialist, seeks second preference immigrant classification 
as a member of the professions holding an advanced degree and as an individual of exceptional ability, 
as well as a national interest waiver of the job offer requirement attached to this EB-2 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 did not 
qualify for classification as a member of the professions holding an advanced degree or as an 
individual of exceptional ability, and that she had not had not established that a waiver of the required 
job offer, and thus of the labor certification, would be in the national interest. 
On appeal, the Petitioner submits a brief asserting that she is eligible for EB-2 classification and a 
national interest waiver. 
In these proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit 
sought. Section 291 of the Act, 8 U.S.C. § 1361. 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. 
Section 203(b) of the Act sets out this sequential framework: 
(2) Aliens who are members of the professions holding advanced degrees or aliens of 
exceptional ability. -
(A) In general. - Visas shall be made available ... to qualified immigrants who are 
members of the professions holding advanced degrees or their equivalent or 
who because of their exceptional ability in the sciences, arts, or business, will 
substantially benefit prospectively the national economy, cultural or 
educational interests, or welfare of the United States, and whose services in the 
sciences, arts, professions, or business are sought by an employer in the United 
States. 
(B) Waiver ofjob offer-
(i) National interest waiver. ... [T]he Attorney General may, when the Attorney 
General deems it to be in the national interest, waive the requirements of 
subparagraph (A) that an alien's services in the sciences, arts, professions, or 
business be sought by an employer in the United States. 
The regulation at 8 C.F.R. § 204.5(k)(2) contains the following relevant definitions: 
Advanced degree means any United States academic or professional degree or a foreign 
equivalent degree above that of baccalaureate. A United States baccalaureate degree 
or a foreign equivalent degree followed by at least five years of progressive experience 
in the specialty shall be considered the equivalent of a master's degree. If a doctoral 
degree is customarily required by the specialty, the alien must have a United States 
doctorate or a foreign equivalent degree. 
Exceptional ability in the sciences, arts, or business means a degree of expertise 
significantly above that ordinarily encountered in the sciences, arts, or business. 
Profession means one of the occupations listed in section 10l(a)(32) of the Act, as well 
as any occupation for which a United States baccalaureate degree or its foreign 
equivalent is the minimum requirement for entry in the occupation. 
In addition, the regulation at 8 C.F.R. § 204.5(k)(3)(ii) sets forth the specific evidentiary requirements 
for demonstrating eligibility as an individual of exceptional ability. A petitioner must submit 
documentation that satisfies at least three of the six categories of evidence listed at 8 C.F.R. 
§ 204.5(k)(3)(ii). 
Furthermore, while neither the statute nor the pertinent regulations define the term "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). 1 Dhanasar states that after a petitioner has 
established eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) 
may, as matter of discretion 2, grant a national interest waiver if the petitioner demonstrates: (1) that 
the foreign national's proposed endeavor has both substantial merit and national importance; (2) that 
1 In announcing this new framework. we vacated our prior precedent decision, Matter of New York State Department of 
Transportation. 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 See also Poursina v. USC1S. No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS' decision to grant or 
deny a national interest waiver to be discretionary in nature). 
2 
the foreign national is well positioned to advance the proposed endeavor; and (3) 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. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
foreign national 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 foreign national. To determine 
whether he or she 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; any progress towards achieving the proposed 
endeavor; and the interest of potential customers, users, investors, or other relevant entities or 
individuals. 
The third prong requires the 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, USCIS may evaluate factors such as: whether, in light of the nature of the foreign 
national's qualifications or the proposed endeavor, it would be impractical either for the foreign 
national 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 foreign 
national's contributions; and whether the national interest in the foreign national's contributions is 
sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) 
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. 3 
II. ANALYSIS 
A. Member of the Professions Holding an Advanced Degree 
In order to show that a petitioner holds a qualifying advanced degree, the petition must be accompanied 
by "[ a ]n official academic record showing that the alien has a United States advanced degree or a 
foreign equivalent degree." 8 C.F.R. § 204.5(k)(3)(i)(A). Alternatively, a petitioner may present "[a]n 
official academic record showing that the alien has a United States baccalaureate degree or a foreign 
equivalent degree, and evidence in the form of letters from current or former employer(s) showing that 
the alien has at least five years of progressive post-baccalaureate experience in the specialty." 8 C.F.R. 
§ 204.5(k)(3)(i)(B). 
The Petitioner presented an "Associate's Degree in Foreign Trade Management" from .... 1 ____ _. 
I I (2006), a certificate stating that she completed a "University Extension Course of Business 
Logistics" ,:i~ I (2004), a "Certificate of Lato Sensu Graduate 
Course in Business Administration" fro~ I (2008), and an academic transcript 
3 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 
for coursework a~ !university (1999-2003).4 The Petitioner did not provide evidence to establish 
her Brazilian credentials' equivalency to either a U.S. baccalaureate degree or U.S. advanced degree. 
See 8 C.F.R. § 204.5(k)(3)(i)(A) and (B). Accordingly, the Petitioner has not established that she 
qualifies as a member of the professions holding an advanced degree. 
B. Exceptional Ability 
The Petitioner asserted that she meets at least three of the regulatory criteria for classification as an 
individual of exceptional ability. In denying the petition, the Director determined that the Petitioner 
fulfilled only the academic record criterion at 8 C.F.R. § 204.5(k)(3)(ii)(A) and the membership in 
professional associations criterion at 8 C.F.R. § 204.5(k)(3)(ii)(E). 
In the appeal brief, the Petitioner maintains that she also meets the ten years of full-time experience 
criterion at 8 C.F.R. § 204.5(k)(3)(ii)(B) and the certification for a particular profession criterion at 
8 C.F.R. § 204.5(k)(3)(ii)(C). After reviewing the evidence, we conclude that the record does not 
support a finding that the Petitioner satisfies the requirements of at least three criteria. 
An official academic record showing that the alien has a degree, diploma, certificate, 
or similar award from a college, university, school, or other institution of learning 
relating to the area of exceptional ability. 8 C.F.R. § 204.5(k)(3)(ii)(A). 
The Petitioner's "Associate's Degree in Foreign Trade Management" and "Certificate of Lato Sensu 
Graduate Course in Business Administration" are sufficient to meet this regulatory criterion. 
Evidence in the form ofletter(s)from current or former employer(s) showing that the alien 
has at least ten years offitll-time experience in the occupation for which he or she is being 
sought. 8 C.F.R. § 204.5(k)(3)(ii)(B) 
As evidence of her ten ears of ex erience as an admini~trative services specialist, the Petitioner 
presented letters fromr-----,____,, I ~ J I O 1,1 I 
.__ _____ ...r, an'-'====="" but these letters did not state that her experience was "full-time." 
Accordingly, the Petitioner has not demonstrated that she meets the requirements of this regulatory 
criterion. 
A license to practice the profession or cert[fication for a particular profession or 
occupation. 8 C.F.R. § 204.5(k)(3)(ii)(C). 
The Petitioner presentld her "I ,e:rl Expert Certificate" from the "Regional Business Administration 
Board ofl ~ .__ ----~--'· stating she is "duly qualified to perform expertise services in 
Administration." We conclude that this certification for her occupation is sufficient to satisfy this 
criterion. 
4 The academic transcript for coursework aO University did not indicate that the Petitoner received a degree. 
4 
Evidence o_f membership in pro_fessional associations. 8 C.F.R. § 204.5(k)(3)(ii)(E). 
The Petitioner contends that her "Legal Expert Certificate" from thel I also meets this criterion. 
The record includes a resolution from Brazil's "Federal Administration Board" stating that "Regional 
Boards of Administration were created to monitor and regulate" business activities. This resolution 
further indicates that registration with Regional Boards is available to "Associate Degree Course" 
graduates in the "Mana,ement and Business Fields." While the Petitioner's "Legal Expert Certificate" 
indicates thatj.__ __ ___,determined that she "was in good standing" and therefore "duly qualified to 
perform expertise services in Administration," the evidence does not identify her as "member" of the 
I I Nor has the Petitioner demonstrated thatl I has a membership body comprised of 
individuals who have earned a U.S. baccalaureate degree or its foreign equivalent, or that the 
organization otherwise constitutes a professional association. For the aforementioned reasons, we 
withdraw the Director's determination that the Petitioner meets this criterion. 
For the reasons set forth above, the evidence does not establish that the Petitioner satisfies at least three 
of the criteria at 8 C.F.R. § 204.5(k)(3)(ii) and has achieved the level of expertise required for 
exceptional ability classification. 
C. National Interest Waiver 
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 agree with the Director that the Petitioner has not sufficiently 
demonstrated the national importance of her proposed endeavor under the first prong of the Dhanasar 
analytical framework. 
Regarding her claim of eligibility under Dhanasar' s first prong, the Petitioner stated that she intends to 
continue to work "as an Administrative Services Specialist in the United States." She asserted that her 
proposed endeavor involves assisting "U.S. companies in a variety of industries to optimize their 
businesses through the development and implementation of business administration solutions. I will plan, 
direct, and coordinate the support services of organizations to improve their operational efficiency." The 
Petitioner further explained that her undertaking includes preparing "managerial reports, executive 
communications, and corporate presentations." She also listed 20 "open job positions that match my 
professional experience and qualifications."5 In addition, the record contains two letters froml I 
I I indicating that the Petitioner has worked for the company as an Executive Assistant since 
April 2019 and listing her administrative duties. 6 
The record includes information about the function of Administrative Services Managers, the outlook 
for the U.S. management consulting industry, the benefits of operations management, the value of 
5 Included among her list of 20 prospective "positions found via Linkedin and Indeed" were "Administrative Services 
Manager" jobs at Medline Industries, Mathematica, Facebook, and University of Arizona, for example. 
6 As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for her to have a job offer from 
a specific employer. However, we will consider information about her current and prospective positions to illustrate the 
capacity in which she intends to work in order to determine whether her proposed endeavor meets the requirements of the 
Dhanasar framework. 
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foreign direct investment (FDI) to the U.S. economy, foreign companies ' contribution to U.S. 
employment levels, and economic activity generated by foreign multinational enterprises . In addition, 
the Petitioner provided articles discussing the value of general management positions , operational 
innovation as a contributor to business growth, the benefits of FDI, and international investment as a 
contributor to our country's economic growth. The record therefore shows that the Petitioner's 
proposed work as an administrative services specialist has substantial merit. 
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 ." 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. 
In her appeal brief, the Petitioner asserts that her proposed endeavor stands "to promote FDI in the 
nation."7 She contends that her undertaking will benefit "the U.S. economy, and the domestic job market, 
by raising industry and economy-wide aggregates, as well as by providing higher than average paying 
jobs for U.S. citizens." The Petitioner further argues that her proposed work "progressively enhances 
the U.S. business ecosystem, which is essential for a healthy, and growth-based economy." 
Additionally , she states her endeavor will benefit our country through "U.S. job creation," "effective 
business advisory within multinational environments ," and "business consulting services to U.S. 
companies." 
To evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement 
we look to evidence documenting the "potential prospective impact" of her work. Although the 
Petitioner's statements reflect her intention to provide valuable administrative services for her U.S. 
employer and future clients, she has not offered sufficient information and evidence to demonstrate 
that the prospective impact of her proposed endeavor rises to the level 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, we 
conclude the record does not show that the Petitioner 's proposed endeavor stands to sufficiently extend 
beyond her employer and clientele to impact her field or the U.S. economy more broadly at a level 
commensurate with national importance . 
Furthermore , the Petitioner has not demonstrated that the specific endeavor she proposes to undertake 
has significant potential to employ U.S. workers or otherwise offers substantial positive economic 
effects for our nation. Without sufficient information or evidence regarding any projected U.S. economic 
impact or job creation attributable to her future work, the record does not show that benefits to the U.S. 
regional or national economy resulting from the Petitioner's administrative services would reach the level 
of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. Accordingly, the 
Petitioner's proposed work does not meet the first prong of the Dhanasar framework. 
7 The Petitioner does not sufficiently explain how her propo sed work as an Administrative Services Specialist or Executive 
Assistant involves her bringing substantial levels ofFDl to our country. 
6 
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. 
III. CONCLUSION 
The Petitioner has not established that she satisfies the regulatory requirements for classification as a 
member of the professions holding an advanced degree or as an individual of exceptional ability. 
Furthermore, 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, with each 
considered as an independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
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