dismissed EB-2 NIW Case: Business Automation

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: MAY 21 , 2024 In Re: 30336117 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a chief financial and robotic process automation officer, 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 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 ofChawath e, 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 ofDhanasar, 26 I&N Dec. 884, 889 (AAO 2016), provides the framework 
for adjudicating national interest waiver pet1t10ns. 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 Director concluded that the Petitioner qualified for EB-2 classification as a member of the 
professions holding an advanced degree. However, as the record does not otherwise establish by a 
preponderance of the evidence that the Petitioner is eligible for a national interest waiver as a matter 
of discretion, we will reserve the issue of the Petitioner's eligibility for the EB-2 classification. 2 
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 26 I&N 
Dec. at 889. The Petitioner's proposed endeavor is to be chief financial and robotic process automation 
officer for hotels and resorts. He has included articles and reports on the importance of automation in 
the hospitality industry, information on the labor shortage in the hospitality industry, as well as a 
shortage of skilled information technology workers, and the value of small businesses. 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 states he will contribute to the U.S. economy by helping 
businesses in the hospitality industry implement robotic process automation technology to, "[i]mprove 
their financial structure, reduce costs, increase productivity, enhance business intelligence, and help 
companies operate more efficiently." The record contains evidence of the economic impact of 
COVID-19 on the hospitality industry, the current shortage of workers facing the industry, and how 
robotic process automation is a way to improve this economic issue in the hospitality field. Dhanasar 
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). 
2 See INS v. Bagamashad. 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 alternate issues on appeal where an applicant is otherwise ineligible). 
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states that an endeavor, may have national importance through "national or even global implications 
within a particular field." Dhanasar 26 I&N Dec. at 889. The business plan discusses the current 
market for the hospitality field and how robotic process automation technology stands to economically 
impact the industry. However, there is insufficient evidence on how the Petitioner and his specific 
endeavor would impact the hospitality industry. For example, the record explains how robotic process 
automation is used in the hospitality industry and the improvements that can be made with its increased 
usage; but the record doesn't establish how the proposed endeavor will support more than his direct 
employers and impact the field more broadly. 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, the Petitioner through his use of robotic process 
automation, may impact his direct employer, but the record does not establish his proposed endeavor 
would have the broader implications required by Dhanasar. 
The Petitioner contends his proposed endeavor will allow companies to grow and expand, both locally 
and nationally which has ripple effects that significantly benefit other industries and the U.S. economy. 
Dhanasar states a proposed endeavor may also have "significant potential to employ U.S. workers" 
or "other substantial positive economic effects, particularly in an economically depressed area." Id. 
at 890. The record does not establish specific ripple effects to other industries that would be impacted 
or other economic ripple effects that would be attributable to the Petitioner's proposed endeavor. In 
addition, the business plan does not establish significant potential to employ U.S. workers or other 
substantial positive economic effects. The business plan has a section entitled "Business Locations" 
that lists various regions of the United States and describes the hospitality industry in those regions; 
however, it does not discuss the Petitioner's proposed endeavor. While the record contains evidence 
of companies in Florida that are interested in the Petitioner's work, the record does not contain details 
to establish where and how he would carry out his endeavor, and therefore, we cannot analyze if his 
proposed endeavor will have, "substantial positive effects, particularly in an economically depressed 
area." 
The Petitioner contends that his proposed endeavor will significantly impact and positively affect the 
hospitality and lodging industry which is essential to the viability of the U.S. economy. On appeal, 
the Petitioner asserts that the recommendation letters in the record show "[t]he benefits of his expertise 
and skills, as well as showing his significant contributions to the industry." Although the 
recommendation letters speak to the Petitioner's past experience in the industry, the letters are 
applicable to prong two analysis, on whether the Petitioner is well positioned to advance the endeavor. 
The proposed endeavor's economic impact has not been established through independent and 
objective evidence. The Petitioner relies on numbers from the U.S. hotel industry and the industry's 
impact on the economy to show his proposed endeavor's economic impact. The hotel industry's 
economic impact and Petitioner's own statements are not sufficient to demonstrate his endeavor has 
the potential to provide these benefits to the United States. The Petitioner must support his assertions 
with relevant, probative, and credible evidence. Chawathe, 25 I&N Dec. at 376. The record does not 
establish that his proposed endeavor will prospectively impact more than the companies he will be 
serving as chief financial and robotic process automation officer for hotels and resorts. Similarly, 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. Dhanasar 26 I&N Dec. 
at 893. 
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The appeal also relies on industry articles and reports as a way of showing national importance. The 
industry reports and articles further explain the importance of automation in the hospitality industry, 
information on the labor shortage in the hospitality industry as well as a shortage of skilled information 
technology workers, and the value of the small businesses he would like to assist. The record also 
contains information on the economic impact of the hospitality industry as a whole. These articles are 
helpful for background information and in a substantial merit claim as discussed above, however, they 
are not evidence of the national importance of the Petitioner's proposed endeavor. It is the importance 
and prospective impact of the specific endeavor we must analyze and not the industry itself. 
Finally, the record contains an expert opinion letter that reiterates many of the same arguments the 
Petitioner makes that have been addressed above regarding the hospitality industry, the economic 
possibilities, and the Petitioner's experience in the field. 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 Bagamasbad, 429 U.S. at 25; see also 
Matter ofL-A-C-, 26 I&N Dec. at 526 n.7. 
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 he 
is eligible for or otherwise merits a national interest waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
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