dismissed EB-2 NIW Case: Business Development

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : JUN. 29, 2023 In Re : 27425074 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an entrepreneur, 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 Texas 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. 
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 1, grant 
a national interest waiver if: 
• 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. 
1 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) . 
II. ANALYSIS 
Regarding 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 provided a personal statement indicating: 
My proposed endeavor is to continue my career in the United States as an 
Entrepreneur/Business Developer. Specifically, I want to expand my business 
activities to the United States, through the creation of technology companies, and 
consulting startups in the area of application software, and online sales. 
I will utilize my technical expertise and administrative experience - which I have 
acquired over 30 years - to develop innovative applications that, in addition to being 
commercially profitable, will promote local development, while being ecologically 
sound. 
My career plan m the United States 1s to continue working as an 
Entrepreneur/Consultant, developing new enterprises for the U.S. market, and 
generating more direct and indirect jobs through my endeavors. I intend to continue 
designing innovative strategies, disrupting industry practices, and maintaining good 
working relationships with investors, identifying any opportunities for cross-border 
projects through extensive research and development. 
I have one future project that I have already identified, and will provide more 
information herein: 
Food Circle 
This would be an online application software that integrates restaurants, delivery 
people, and consumers, offering unique advantages for each party involved. Although 
there are already numerous players in online delivery and restaurants, there is no 
platform that contemplates neighborhood circles solutions. 
I can also provide my business know-how and IT knowledge to already established 
businesses, as well as start-up companies in the United States. Start-ups may be small 
companies, but they can play a significant role in economic growth. They create more 
jobs, which means more employment, and more employment means an improved 
economy. Not only that, start-ups can also contribute to economic dynamism by 
spurring innovation and injecting competition. New entrepreneurs can bring new ideas 
to the table, much needed to stir innovation and generate competition. 
2 
The business planning that I can provide to U.S. companies will lead to improvements 
for their financial health, growth, and success. Further, the positive impacts that result 
from my knowledge, experience, and expertise will not be confined to a single business 
for whom I work with. I am also fully capable of providing financial and business 
administration consulting services to a wide array of business simultaneously. 
Through my consulting work, I can help many companies become and stay profitable. 
This is extremely important in the current environment where the U.S. economy is 
working to improve from the negative effects of the COVID-19 pandemic. I can help 
contribute to the economic prosperity of the United States, as well as ensure the 
economy continues to increase the number of employment opportunities for 
Americans. 
Overall, through my proposed endeavor, I will help U.S. companies understand internal 
and external factors, manage its daily activities seamlessly, and thus, build and continue 
to improve its overall productivity and competitive standing in the market. This is 
because my work will allow companies to make efficient use of their resources like 
labor, raw material, money, and others. 
The Director indicated the Petitioner demonstrated the proposed endeavor's substantial merit and national 
importance, thereby satisfying the first prong of the Dhanasar framework. Although we agree with the 
Director relating to the substantial merit aspect, we do not concur with the Director regarding the national 
importance part of the Petitioner's proposed endeavor. Accordingly, we will withdraw the Director's 
finding for this issue, discussed below. 
The Petitioner submitted various industry articles and reports, such as the economic and fiscal effects of 
immigration, immigrant entrepreneurs, entrepreneurism, online food delivery, employment hiring, local 
labor demands and market conditions, small businesses, startups, and business advantages. 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. Here, the Petitioner 
must show the national importance of his proposed endeavor of providing his entrepreneurial services 
to companies rather than the importance of entrepreneurism, small businesses, startups, or any of the 
related industries or fields. 2 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. 
In addition, the Petitioner referenced his "technical expertise and administrative experience." However, 
the Petitioner's experience, skills, expertise, and abilities relate to the second prong of the Dhanasar 
2 The Petitioner's arguments and evidence relating to the importance and benefits of the industries or fields in which he 
would work within or involves his proposed endeavor pertains more to the substantial benefit aspect of the proposed 
endeavor rather than the national importance part. 
3 
framework, which "shifts the focus from the proposed endeavor to the foreign national." Id. at 890. 
The issue here is whether the specific endeavor that he proposes to undertake has national importance 
under Dhanasar's first prong. 
Moreover, 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 his 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 
credible, supporting documentation how his anticipated entrepreneurial/consulting services stand to 
sufficiently extend beyond the particular companies, if any, who may utilize his consulting services to 
impact the field or industry or the U.S. economy more broadly at a level commensurate with national 
importance. Similarly, although he discussed his development of "Food Circle," including his claim 
in response to the Director's request for evidence that "his online application has already developed 
into a fully functional prototype," the Petitioner did not establish the broad impact of this online 
application rather than limited to the businesses who decide to utilize it, if any. 
Furthermore, the Petitioner did not demonstrate how his proposed endeavor has significant potential 
to employ U.S. workers or otherwise offers substantial positive economic effects for our nation. While 
the Petitioner submitted a business plan forl lthe claims do not reflect that his company's 
future business activities and staffing levels stand to provide substantial economic benefits to specific 
regions or to the United States. 3 While the revenue forecasts $540,081 in year 1 to $1,800,00 in year 
5, the business plan does not establish the benefits to the regional or national economy would reach 
the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. Similarly 
although the plan claims the business would create three jobs in year 1 to five jobs in year 5, the 
Petitioner did not demonstrate that such future staffing levels would provide substantial economic 
benefits to Florida or the region or U.S. economy more broadly at a level commensurate with national 
importance. The Petitioner, for instance, did not show that such employment figures would utilize a 
significant population of workers in the area or would substantially impact job creation and economic 
growth, either regionally or nationally. 
For all these reasons, the record does not establish that, beyond the limited benefits provided to its 
clients and employees, 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. Therefore, 
we withdraw the Director's finding regarding the national importance aspect of Dhanasar's first 
prong. Accordingly, the Petitioner has not demonstrated eligibility for a national interest waiver. Further 
analysis of his eligibility under the second and third prongs outlined in Dhanasar, therefore, would serve 
no meaningful purpose. 4 
3 The business plan indicates is a wholesaler, retailer and e-tailer of a range of high quality consumer-oriented 
leisure products, including sporting goods, camping equipment, games, toys, computer games, and consoles," "offers an 
ample variety of housewares, office accessories, and automobile products," and "[t]heir local physical presence inl I 
will allow from same day delivery .... " 
4 See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (stating that ·'courts and agencies are not required to make findings on 
issues in the decision of which is unnecessary to the results they reach"); see also Matter ofL-A-C-, 26 l&N Dec. 516,526 
n. 7 (BIA 2015) ( declining to reach alternative issues on appeal where an applicant is otherwise ineligible). 
I I
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III. CONCLUSION 
As the Petitioner has not met the requisite first prong ofthe Dhanasar analytical framework, we conclude 
he 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. 
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