dismissed EB-2 NIW Case: Business Consulting

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JULY 8, 2024 In Re: 31077967 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a franchise and business management consultant, 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 
2 See also 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 
Petitioner qualifies for the EB-2 visa classification as an individual holding an advanced degree based 
on his bachelor's degree in electrical engineering from I I and his master's degree 
in business administration from I 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. 
The Petitioner proposed to work in the United States as a franchise and business management 
consultant through his company, ________________ inl I Florida. 
He stated that he plans to offer business management and financial advisory services to small and 
medium-sized businesses and specifically fast-food restaurants to help businesses with financial 
reporting and analysis, business strategic planning, mergers and acquisitions, and financing resources. 
The Director determined that the Petitioner's proposed endeavor to work as an entrepreneur and a 
consultant has substantial merit and that the Petitioner is well positioned to advance the proposed 
endeavor. However, the Director concluded the Petitioner has not established that his proposed 
endeavor is of national importance and 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. 
On appeal, the Petitioner contends that the Director erroneously applied the inappropriate standard of 
proof, erred in not considering his proposed endeavor to be of national importance, and ignored the 
totality of the evidence presented, including the business plan and expert opinion letters. The 
Petitioner also claims that the Director ignored the regulation at 20 C.F.R. § 656.3, making it legally 
impossible for a self-employed individual to file a labor certification on their own behalf. 
Except where a different standard is specified by law, a petitioner must prove eligibility for the 
requested immigration benefit by a preponderance of the evidence. Matter ofChawathe, 25 I&N Dec. 
at 375-76. Under the preponderance of the evidence standard, the evidence must demonstrate that the 
petitioner's claim is "probably true." Id. at 376. We will examine each piece of evidence for 
relevance, probative value, and credibility, both individually and within the context of the totality of 
the evidence, to determine whether the fact to be proven is probably true. In this case, we have 
reviewed each piece of evidence, both individually and within the context of the totality of the 
evidence, and conclude that the Petitioner has not established by a preponderance of the evidence the 
national importance of his proposed endeavor for the reasons we will discuss below. 
The Petitioner contends that his proposed endeavor as a franchise and business management consultant 
through his company I is of national importance due to 
its substantial economic benefits, including job creation, support for small businesses, fostering 
entrepreneurship and innovation, addressing labor shortage, and government initiatives alignment. 
The Petitioner provided various articles and reports, which discuss the benefits of the franchise model, 
the impact of franchises to the economy, the importance of good management in the workplace, the 
role of business managers in an organization, the importance of small businesses to the U.S. economy, 
the small business economy, and innovation and revenue growth. The articles and industry reports 
also provide occupation information on management analysts, economic outlook for franchising, job 
outlook for management analysts, and statistics on franchising in the United States. 
3 
The articles and reports highlight the importance of franchises, small businesses, and management 
analysts. 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 a franchise and business management consultant through his company, I I 
_____________ and provide business management and financial advisory 
services to businesses - is of national importance. 
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 articles and reports support that creation of 
franchised businesses has a positive impact on the United States and the local communities that they 
operate in. The articles and reports also indicate that small businesses constitute a major force in the 
U.S. economy and create jobs, spark innovation, and provide opportunities for many individuals to 
achieve financial success and independence. However, the articles and reports do not directly address 
the Petitioner's specific proposed undertaking and do not adequately explain how his proposed 
endeavor to provide business management and financial advisory services to businesses through his 
company offers benefits that extend beyond his company and its clients to impact the field of business 
management or the U.S. economy more broadly. Additionally, while the Petitioner's statements 
reflect his intention to provide business management and financial advisory services for his company's 
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. 
In addition, the Petitioner claims that his proposed endeavor has the potential to significantly impact 
matters that a government entity has described as having national importance or being subject to 
national initiatives. The Petitioner asserts that his endeavor aligns with the U.S. Small Business 
Administration (SBA)'s initiatives like the Small Business Development Centers or the SCORE 
mentoring program. The Petitioner refers to printouts from the SBA website and the SCORE 
Foundation website, which show that Small Business Development Centers provide counseling and 
training to small businesses and that SCORE mentoring program provide free business advice to small 
business owners. The Petitioner also refers to the Proclamation on Small Business Week issued by 
President Joseph R. Biden Jr. in 2021, which provides that President Biden proclaimed September 12 
to 18 as National Small Business Week to recognize the contributions of small businesses to the 
American economy and continue supporting them. 
While the government initiatives recognize the contributions of small businesses to the U.S. economy 
and show the government's support for small businesses, they do not indicate that the government has 
a particular interest in the Petitioner's planned business activity to provide business management and 
financial advisory services to businesses. The record does not sufficiently demonstrate how his 
planned business activity to provide business management and financial advisory services to 
businesses will make an impact on a matter that a government entity has described as having national 
importance or is the subject of national initiatives. 
4 
The Petitioner also asserts that his proposed endeavor to work as a franchise and business management 
consultant is of national importance because it addresses labor shortage. He explains that there is a 
shortage of qualified consultants in this field, highlighting the importance and demand for his 
expertise. However, the Petitioner has not established that his proposed endeavor stands to impact or 
significantly reduce the claimed national shortage. Moreover, the U.S. Department of Labor addresses 
worker shortages through the labor certification process. Therefore, a shortage of qualified 
professionals alone is not sufficient to demonstrate eligibility for the national interest waiver. See 
Dhanasar, 26 I&N Dec. at 885. 
As for the economic value and job creation that the Petitioner asserts his consulting company will 
offer, the Petitioner claims that his business plan discusses the potential to employ U.S. workers 
directly. The record includes business plans, articles of organization, and printout of the company 
website for The updated business plan, dated June 
2023, indicates that the company will need four financial and management accounting analysts, one 
director, and one administrative assistant. The updated business plan forecasts a total revenue of 
$481,100 and a net loss of -$3,322 in 2024 and a total revenue of $502,190 and a net profit of $10,288 
in 2028. However, the record does not contain sufficient evidence supporting the income projections 
or staffing requirements. 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 of Chawathe, 25 I&N Dec. at 376. 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 detracts from the credibility and probative value of 
the business plans. 
Furthermore, even if all the projections in the business plans were realized, the record lacks sufficient 
evidence demonstrating that the Petitioner's consulting company will have an impact on the field of 
business management at a level commensurate with national importance. 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. The Petitioner has not 
offered sufficient evidence that his consulting company will 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. 
Therefore, the record does not sufficiently demonstrate that the Petitioner's proposed endeavor is of 
national importance. 
Additionally, the Petitioner states that his company plans to offer executive training programs for 
charter financial analysts (CF A) and certified management accountants (CMA) professional 
designations. He claims that offering executive programs to obtain the CF A and CMA professional 
designations is of national interest to the United States because it can help to promote economic 
growth, enhance the competitiveness of American businesses, strengthen the country's reputation as 
a leader in business management by providing individuals and organizations with the financial and 
management accounting skills and knowledge needed to make sound, long-term decisions about 
investments and financial management. 
5 
Regarding the Petitioner's plans to provide training programs for the CF A and CMA designations, the 
record does not sufficiently establish that this undertaking has broader implications for his field, as 
opposed to being limited to those who participate in his training programs. While the Petitioner's plans 
to provide training programs or disseminate his knowledge to other professionals in the field have 
merit, the record does not sufficiently demonstrate that his instructional or teaching activities offer 
benefits that extend beyond his students or trainees to impact the field of business management, the 
field of finance, or the field of accounting more broadly. Likewise, 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. 
The Petitioner submitted two expertopinion letters from an adjunct professor 
of business at I and a I I a professor of accounting at I I I I He contends the expert opinion letters demonstrate that the benefits of his proposed 
endeavor would extend beyond an organization and would positively impact our nation. He adds that 
after reviewing his credentials, professional work experience, and achievements, the experts 
determined that his proposed endeavor is of substantial merit and national importance. Professor 
I I state that the Petitioner's proposed endeavor to provide services in the financial advisory and 
consulting industry has both substantial merit and national importance because he will create jobs and 
contribute to the nation's economy, create financial stability for many individuals, and contribute to 
the overall societal welfare. Professor I lalso states that the Petitioner's endeavor has national 
and potentially global implications within the field of financial advisory services. Professor! I 
states that the Petitioner's proposed endeavor has both substantial merit and national importance 
because it has significant potential to employ U.S. workers and has other substantial positive economic 
effects, because his proposed endeavor will broadly enhance societal welfare or cultural enrichment, 
and because his proposed endeavor will impact a matter that a government entity has described as 
having national importance or is the subject of national initiatives. 
Regarding the expert opinion letters, USCIS may, in its discretion, use as advisory opinions statements 
from universities, professional organizations, or other sources submitted in evidence as expert 
testimony. See Matter ofCaron International, 19 I&N Dec. 791, 795 (Comm'r 1988). Nevertheless, 
USCIS is responsible for making the final determination regarding a petitioner's eligibility for the 
benefit sought. See id. While we value expert opinion letters, the record does not contain sufficient 
information and evidence to substantiate the claims made by the professors. While the professors 
make general claims about the importance of the Petitioner's proposed endeavor, neither letter explains 
how the Petitioner's specific proposed endeavor rises to the level of national importance. The 
Petitioner has not established the claimed fact with unsupported testimonial evidence alone. See 
Matter ofSoffici, 22 I&N Dec. 158, 165 (Assoc. Comm'r 1998) (stating that simply going on record 
without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof 
in these proceedings). 
The record also contains the Petitioner's diplomas, school transcripts, resume, certificates of course 
completion, awards from his former employer for international publication of three case studies, 
certificates of the designation as a chartered financial analyst, as a certified management accountant, 
and a Canadian risk manager, and recommendation letters from his former employer and former 
colleagues. The Petitioner's education, work experience, professional achievements, past 
contributions to his former employers, and other professional qualifications are relevant under the 
6 
second prong of Dhanasar to support the claim that that he is well positioned to advance the proposed 
endeavor. See Dhanasar, 26 I&N Dec. 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 on appeal presents two AAO non-precent decisions in which the petitioners had 
submitted a Form I-140 seeking classification as an individual of extraordinary ability in the business 
or in the science and we sustained the appeal. First, these decisions discuss eligibility for a different 
visa classification. Second, neither decision was published as a precedent and, therefore, these decisions 
do not bind USCIS officers in future adjudications. See 8 C.F.R. § 103.3(c). Non-precedent decisions 
apply existing law and policy to the specific facts of the individual case and may be distinguishable based 
on the evidence in the record of proceedings, the issues considered, and applicable law and policy. 
The Petitioner also presents additional evidence, such as AAO Practice Manual, 8 C.F.R. § 103.5 
(Reopening or reconsideration), 8 C.F.R. § 204.5 (Petitions for employment-based immigrants), Matter 
of Chawathe, Matter of Dhanasar, 20 C.F.R. § 656 (Labor certification process for permanent 
employment of aliens in the United States), a decision issued by the Board of Alien Labor Certification 
Appeals of U.S. Department of Labor, and Volume 6, Part F, Chapter 5 of USCIS Policy Manual 
(Advanced degree or exceptional ability). While the AAO non-precedent decisions and other additional 
materials submitted by the Petitioner provide general guidance on how we should adjudicate appeal cases, 
they do not support the Petitioner's claim that his proposed endeavor is of national importance. 
Because the record does not sufficiently demonstrate the national importance of his proposed endeavor 
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 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 or otherwise merits 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). 
7