dismissed EB-2 NIW Case: Business Intelligence

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: SEP. 18, 2024 In Re: 33887743 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an entrepreneur, seeks employment-based second preference (EB-2) immigrant 
classification as an individual of exceptional ability, 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 although the Petitioner 
is an individual of exceptional ability, he did not establish 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 
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 ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 l&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. Once a 
petitioner demonstrates eligibility for the underlying classification, the petitioner must then establish 
eligibility for a discretionary waiver of the job offer requirement "in the national interest." Id. 
While neither the statute nor the pertinent regulations define the term "national interest," Matter of 
Dhanasar, 26 l&N Dec. 884 (AAO 2016), provides the framework for adjudicating national interest 
waiver petitions. Dhanasar states that U.S. Citizenship and Immigration Services (USCIS) may, as a 
matter of discretion, 1 grant a national interest waiver if the petitioner demonstrates that: 
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in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary 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). 
• 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. at 889. 
II. ANALYSIS 
The Petitioner filed this petition on August 15, 2023. After analyzing the initial evidence, the Director 
issued a request for evidence (RFE), noting the deficiencies in the record, to which the Petitioner 
timely responded. The Director denied the petition concluding that although the Petitioner is eligible 
for EB-2 classification as an individual of exceptional ability, he did not establish that a waiver of the 
job offer, and labor certification requirement, is in the national interest because he did not meet any of 
the three Dhanasar prongs. 
Because a petitioner must establish that they meet all three prongs of the Dhanasar framework to 
obtain a national interest waiver, if even one of the prongs is not established, a petitioner is ineligible 
for this waiver. Accordingly, we will analyze the Petitioner's evidence under prong one and, as 
explained below, because he has not established his eligibility under that prong, we decline to reach 
and hereby reserve the Petitioner's arguments regarding the second and third prongs of the Dhanasar 
framework. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (noting that "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 ofL-A-C-, 26 I&N Dec. 516, 526 n. 7 (BIA 2015) ( declining to reach alternative issues 
on appeal where an applicant is otherwise ineligible). Similarly, we reserve review of the Director's 
determination that the Petitioner qualifies for EB-2 classification as an individual of exceptional 
ability. Id. 
A. Prong One of the Dhanasar Framework 
The first Dhanasar prong, substantial merit and national importance, focuses on the specific endeavor 
that the individual proposes to undertake and its "potential prospective impact." Dhanasar, 26 I&N 
Dec. at 889. An endeavor's merit may be demonstrated in a range of areas such as business, 
entrepreneurialism, science, technology, culture, health, or education. The term "endeavor" is more 
specific than the general occupation; a petitioner should offer details not only as to what the occupation 
normally involves, but what types of work the person proposes to undertake specifically within that 
occupation. See generally 6 USCIS Policy Manual F.5(D)(l), https://www.uscis.gov/policy-manual. 
For example, while engineering is an occupation, the explanation of the proposed endeavor should 
describe the specific projects and goals, or the areas of engineering in which the person will work, 
rather than simply listing the duties and responsibilities of an engineer. Id. As such, we will first 
identify the Petitioner's endeavor as shown in the record. Then, we will evaluate the Petitioner's 
evidence in support of the endeavor's substantial merit and national importance. 
The Petitioner asserts that he will serve as the CEO of his business, 
(the Company), located in I I Massachusetts, with plans to op~e_n_b_r_a_n-ch_e_s-in'l=======t 
California and I I Washington. The Company provides business intelligence services using 
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information technology (IT) tools and solutions. 2 The Petitioner explains that the Company will focus 
on developing and implementing integrated solutions, with the purpose of providing "world-class IT 
services and customized business intelligence solutions to U.S. companies," thereby enhancing their 
"information systems' environments, improving operational efficiency and decision-making 
capabilities." The Petitioner asserts the Company will focus on key industries (manufacturing, retail, 
finance, and healthcare) and create positive ripple effects on commercial matters, business 
intelligence, the domestic job market, the national economy, and the overall business ecosystem. As 
the endeavor's merit may be demonstrated in a range of areas such as business, entrepreneurialism, 
science, technology, culture, health, or education, we agree with the Director that the endeavor has 
substantial merit. Id. However, as discussed below, the Petitioner has not established that his proposed 
endeavor is of national importance. 
In describing the Company's national importance, the Petitioner asserts its services and mission aligns 
with federal government initiatives that "prioritize technological advancement and innovation as 
drivers of the nation's prosperity," and are focused on job creation, workforce development, and 
closing the digital skills gap to meet the economy's needs. He further asserts that his endeavor aligns 
with federal government initiatives aimed at supporting key industries, technological advancements, 
"sector-specific capabilities," and which support efforts by companies to "leverage their data 
effectively ... [and] harness the power of data for informed decision making." He also asserts that 
the Company's services align with federal initiatives related to cybersecurity. In addition, the 
Petitioner asserts that immigrant entrepreneurship drives business, and expands economic 
opportunities, which will benefit the U.S. 's social welfare and cultural enrichment. 
In his RFE response, the Petitioner further asserted that his endeavor is of national importance because 
the Company will "align seamlessly with the nation's objective ofpromoting technological innovation, 
enhancing technical skills, and bolstering the competitiveness of the U.S. IT and data analytics 
industry." He maintains that the Company is nationally important "in a world increasingly driven by 
data" because the services it offers helps its customers "innovate their operations through data-driven 
insights, enhancing their competitive edge both domestically and globally." He reiterates how his 
endeavor aligns with several federal government initiatives related to innovation in technology and 
data processing, supporting small and medium sized businesses, data protection and cybersecurity, 
promoting international trade and maintaining the standing of U.S. businesses and our "entrepreneurial 
ecosystem." His RFE response also highlights his expertise and contends that "[his] knowledge of 
various development methodologies and proficiency in utilizing cutting-edge tools positions [the 
Company] to adopt the latest technologies and best practices, staying ahead of the curve in the dynamic 
IT landscape." 
To support his assertions, the Petitioner relies heavily on industry reports and articles discussing the 
importance of high skilled immigrants and immigrant entrepreneurship to economic growth and 
American competitiveness. We acknowledge the Petitioner's assertions, and the articles he provides 
that discuss the need for a startup visa for entrepreneurs, like him, to start businesses in the United 
States. However, while the articles provide a context for some of his assertions, they do not 
2 We acknowledge that in response to the Director's RFE, the Petitioner provided evidence of the Company's website, its 
incorporation in the State of Massachusetts on I I 2023, and the Company's Internal Revenue Service's employer 
identification number. 
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specifically discuss the Petitioner's proposed endeavor or explain how his endeavor would have 
broader implications. See Matter ofChawathe, 25 I&N Dec. at 375 (standing for the proposition that 
to determine whether a petitioner has met their burden under the preponderance standard, we consider 
the quality, relevance, probative value, and credibility of the evidence). Further, merely working in 
an important field or profession is insufficient to establish the national importance of the proposed 
endeavor, as we explained in Dhanasar. Matter of Dhanasar, 26 I&N Dec. at 889. As such, the 
inability of the Petitioner to apply for a startup visa for entrepreneurs is irrelevant to our determination 
of whether the proposed endeavor is of national importance. Matter of Chawathe, 25 I&N Dec. at 
375. 
We explained in Dhanasar 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 ... 
may well be understood to have national importance." Matter ofDhanasar, 26 I&N Dec. at 890. We 
acknowledge that the Petitioner's business plan projects the creation of nineteen jobs by its fifth year 
of operation, as well as $3.3 million in cumulative salaries, $4.2 million in revenue, and $113,000 in 
paid income taxes in the same five-year period. However, his business plan does not sufficiently detail 
the basis for the revenue and staffing projections, nor does it adequately explain how the revenue and 
staffing projections will be realized. Matter of Chawathe, 25 I&N Dec. at 376. As such, without 
more, the Petitioner has not established that his endeavor will have the significant potential to employ 
U.S. workers or other substantial positive economic effects at a level commensurate with national 
importance. 
The Petitioner asserts that because his business will be located in! IMassachusetts, which is a 
designated HUBZone area, his endeavor is of national importance. 3 However, the Petitioner does not 
indicate that his endeavor would participate in the HUBZone program or that it would be eligible to 
do so. Further, while it appears that the Petitioner may have intended to equate a designated HUBZone 
with an "economically depressed area," the record does not support a conclusion that this is an 
equitable comparison. Id. The Petitioner has not otherwise claimed or provided evidence that the area 
where the Company will operate is economically depressed, that it would employ a significant 
population of workers in that area, or that his endeavor would offer the region or its population a 
substantial economic benefit through employment levels, business activity, or related tax revenue. Id. 
The Petitioner stresses that because his endeavor concerns the provision of IT services, it aligns with 
federal govermnent initiatives aimed at maintaining the U.S.'s STEM competitiveness. We 
acknowledge the importance of STEM technologies and research, whether in academic or industry 
settings, and these not only have substantial merit in relation to U.S. science and technology interests, 
but do not necessarily have sufficiently broad potential implications to demonstrate national 
importance. Dhanasar, 26 I&N Dec. at 890. In this case, the record does not suggest that the Petitioner 
intends to advance STEM technologies and research. Moreover, while the Company will offer 
software developing and cloud computing services to its clients, the Petitioner has not established how 
the Company would affect STEM employment levels in his industry or the U.S. economy more 
broadly, consistent with national importance. Matter ofChawathe, 25 I&N Dec. at 376. 
3 Under the HUBZone program, the U.S. government seeks to fuel small business growth in historically underutilized 
business zones, with a goal of annually awarding at least 3% of federal contract dollars to HUBZone-certified companies 
annually. See "HUB Zone Program," https:/ /www .sba.gov/federal-contracting /contracting-assistanceprograms/hubzone­
program. 
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Finally, we acknowledge that the Petitioner provided an expert opinion letter from a professor at 
In addition to describing the Company's purpose and services, the professor ~-------~ asserts that the endeavor is of national importance because of the economic impact it will have by 
creating jobs, stimulating the local economy in Massachusetts, and contributing to the U.S. 's economic 
growth and vitality. In addition, he discusses the importance of the "big data and business analytics 
market," the "need for corporate agility and increasing usage of automation solutions" to expand 
"cloud migration services globally," which he asserts the Company will support. He emphasizes that 
cloud computing leads to job creation and new businesses as well as increased productivity and cost 
savings. He also emphasizes that the proposed endeavor supports national initiatives concerning 
attracting STEM talent and that it broadly enhancing social welfare or cultural enrichment by enabling 
organizations to operate more effectively and efficiently. 
We observe that USCIS may, in its discretion, use as advisory opinions statements from universities, 
professional organizations, or other sources submitted in evidence as expert testimony. Matter of 
Caron Int'/, 19 I&N Dec. 791, 795 (Comm'r. 1988). However, USCIS is ultimately responsible for 
making the final determination regarding a foreign national's eligibility. The submission of letters 
from experts supporting the petition is not presumptive evidence of eligibility. Id., see also Matter of 
D-R-, 25 I&N Dec. 445, 460 n.13 (BIA 2011) ( discussing the varying weight that may be given expert 
testimony based on relevance, reliability, and the overall probative value). Here, much of the content 
of the expert opinion letter restates the same national importance arguments the Petitioner asserts, and 
which we addressed in the paragraphs above. Further, while the opinion correctly opines on the 
national importance of STEM and the technology industry to the U.S. 's economy in general, this 
argument supports the substantial merit of the endeavor but not the national importance of the 
Company. Id. 
B. Other Considerations 
On appeal, the Petitioner asserts the Director "imposed novel substantive and evidentiary requirements 
beyond those set forth in the regulations." However, the Petitioner does not point to specific examples 
of this within the Director's RFE or denial. Matter ofChawathe, 25 I&N Dec. at 376. The Petitioner 
also does not offer a detailed analysis explaining how the Director "imposed novel substantive and 
evidentiary requirements" in denying the petition or support his assertion with any pertinent law or 
regulations. Id. 
The Petitioner also generally alleges that the Director "did not apply the proper standard of proof in 
this case, instead imposing a stricter standard, and erroneously applied the law, to [his] detriment .... " 
The standard of proof governing immigration benefit requests is "preponderance of evidence." Matter 
ofChawathe, 25 I&N Dec. at 375-76. To determine whether a petitioner has met its burden under the 
preponderance standard, we evaluate whether a petitioner's claims are "more likely than not" or 
"probably" true, but also consider the quality (including relevance, probative value, and credibility) of 
the evidence. Id. at 376; Matter of E-M-, 20 I&N Dec. 77, 79-80 (Comm'r 1989). The Director's 
RFE explained the deficiencies and concerns in the Petitioner's initial filing and provided a non­
exhaustive list of documentation and evidence the Petitioner could submit to address such deficiencies. 
Therefore, the Director followed the applicable regulations and procedures in adjudicating this 
petition, and there is no basis to determine the Director held the Petitioner to a higher standard of 
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proof 8 C.F.R. § 103.2(b)(8). As such, the Petitioner has not met his burden. Matter of Chawathe, 
25 I&N Dec. at 375-76. 
III. CONCLUSION 
The 
Petitioner has not established the national importance of his proposed endeavor, and consequently 
that a waiver of the job offer and labor certification process, in the exercise of our discretion, is in the 
national interest. 
ORDER: The appeal is dismissed. 
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