dismissed EB-2 NIW Case: Business Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 13951623 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : SEP. 15, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a business management consultant, seeks second preference 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 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 Nebraska Service Center denied the petition, concluding that the Petitioner 
qualified for classification as a member of the professions holding an advanced degree but that the 
Petitioner had not established that a waiver of the required job offer, and thus of the labor certification, 
would be in the national interest. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S .C. § 1361. Upon de nova 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. ... the 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. 
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 a 
matter of discretion, 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 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) 
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 
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. 2 
II. ANALYSIS 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree. Although the Director found substantial merit in the proposed endeavor in the field of business 
management consultation, the Director concluded that the record does not establish that the 
Beneficiary's endeavor has national importance. The Director also concluded the record did not 
satisfy the second and third Dhanasar prongs. For the reasons discussed below, the Petitioner has not 
established that a waiver of the requirement of a job offer is warranted. 
Initially, the Petitioner described the endeavor as operating a consulting company that "will help 
American companies to launch, expand, and enlarge their businesses to Brazil." The Petitioner also 
stated that his company would "employ four (4) people foll time in Year 1 and add two more 
employees in Year 2, and in Year 4/5 we will have 8 direct employees." Specifically, the Petitioner 
stated that the four initial employees would be a consultant manager, an administrative assistant, a 
project analyst, and "[l ]egal [ c ]ontracts," with a "[ c ]lient [g]eneration [l]eader" joining in the second 
year along with one additional junior consultant hired in the second, third, and fourth years, 
respectively. 
In response to the Director's request for evidence (RFE), the Petitioner changed the name of his 
consulting company and asserted that "[b ]ased on the calculators, [his consulting company] will create 
15 jobs in the first year of operation growing to 44 jobs with 26 in the high paying [p]rofessional, 
scientific, and technical services sector (NAICS 541610) where [m]anagement [c]onsulting firms are 
currently classified by the U.S. [G]ovemment." The Petitioner specifically asserted in response to the 
RFE: 
Thus, regarding national importance, the [ a ]djudicating [ o ]fficer cannot ignore the fact 
that: 
• The endeavor has a significant potential to employ U.S. workers (44 jobs) 
especially because an initial change in economic activity results in other rounds 
of spending and economic activity, thus creating additional jobs in the region. 
• The endeavor will generate [ ±1 ederal, [ s ]tate and payroll taxes in the next 5 years 
and employing Americans will invariably create other positive economic 
effects in the area and therefore the endeavor will have other substantial positive 
economic effects. 
• The endeavor will also broadly enhance societal welfare by creating new job 
positions, generating tax revenue on local, state, and federal levels. 
• Finally, the development of business that deals with U.S.-Brazil trade, as well 
as the development of small businesses impacts directly a matter that a 
government entity has described as having national importance and is also the 
subject of national initiatives. 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 
As a model for developing U.S.-Brazil trade, in the RFE response the Petitioner provided the following 
outline: 
• Providing location service to companies interested in expanding or relocating in 
[the] U.S. 
• Identifying U.S. suppliers of specific products and services. 
• Scheduling visits to U.S. companies for Brazilian companies that wish to do 
international business. 
• Providing information on major business events in [the] U.S. 
• Providing information on important contacts in specific [s]tates in [the] U.S. such 
as lawyers, accountants, interpreters, trade associations, etc. 
• Supporting companies' marketing initiatives with press coverage and public 
relations. 
In the decision, the Director concluded the record does not establish that the proposed endeavor has 
national importance, observing that "the record does not show that the [P]etitioner's proposed 
endeavor stands to sufficiently extend beyond his own company to impact the consulting industry 
more broadly at a level commensurate with national importance." The Director farther noted that 
"[t]here appears to be a[n] inconsistency in the record as the business plan provided to [U.S. 
Citizenship and Immigration Services (USCIS) initially in support of the petition] indicates four jobs 
will be created in year one, whereas [the RFE response] indicates 15 jobs will be created [in the first 
year]." 3 
On appeal, the Petitioner clarifies that the projection of "creat[ing] 15 jobs in the first year of operation 
growing to 44" refers to additional "indirect jobs in the region," using U.S. Bureau of Economic 
Analysis Regional Input-Output Modeling System Multipliers for the state of operation. 4 Instead, the 
proposed endeavor would still entail four employees (including the Petitioner) at the Petitioner's 
consulting company in the first year, growing to a total of eight employees in the fourth year. The 
Petitioner also asserts on appeal that a '"significant potential to employ U.S. workers' ... is not the 
same as 'potential to employ a significant number of U.S. workers."' The Petitioner also restates on 
appeal the bullet-point list "regarding national importance" that an "[ a ]djudicating [ o ]fficer cannot 
ignore." 
In determining national importance, the relevant question is not the importance of the industry, field, 
or profession in which an individual will work; instead, to assess national importance, we focus on the 
"specific endeavor that the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 
889. Dhanasar provided examples of endeavors that may have national importance, as required by 
the first prong, having "national or even global implications within a particular field, such as those 
resulting from certain improved manufacturing processes or medical advances" and endeavors that 
3 The Director attributed the change to a particular letter from a consulting company that prepared the revised business 
plan, submitted in the RFE response; however, the Petitioner also provided the modified business plan, with 15 jobs in the 
first year growing to 44 jobs. in the RFE response brief 
4 For example, the calculation in the record indicates that, in the first year, the endeavor would indirectly contribute to 0.07 
jobs in the industry of "agriculture, forestry, fishing and hunting" in the state, combined with indirect jobs in 21 other 
industries, totaling 14. 73 indirect, abstract jobs. 
4 
have broader implications, such as "significant potential to employ U.S. workers or has other 
substantial positive economic effects, particularly in an economically depressed area." Id. at 889-90. 
The proposed endeavor of managing business consulting company and providing business consulting 
services to other companies benefits those companies and clients. However, the record does not 
establish how the endeavor would have broader implications in terms of significant potential to employ 
U.S. workers or have substantial positive economic effects, beyond the Petitioner's employer and 
clients, as contemplated by the first Dhanasar prong. 5 See Dhanasar, 26 I&N Dec. at 889. Petitioners 
bear the burden of articulating how they satisfy eligibility criteria. See section 291 of the Act, 8 U.S.C. 
§ 1361. 
The Petitioner's distinction between a"' significant potential to employ U.S. workers' [from] 'potential 
to employ a significant number of U.S. workers"' is misplaced, given the context of the Dhanasar 
framework. The first Dhanasar prong also addresses whether an "endeavor has the potential to create 
a significant economic impact," as a favorable element but not a requirement. Dhanasar, 26 I&N Dec. 
at 889. Specifically, "[i]n considering whether [a] proposed endeavor has national importance, we 
consider its potential prospective impact" and "we look for broader implications." Id. Moreover, 
Dhanasar uses "significant potential to employ U.S. workers" as one example of a "substantial 
positive economic effect[]," reiterating the "significant economic impact" contemplated by the first 
prong. Id. at 889-90. In this case, the record lacks evidence establishing how the proposed endeavor's 
potential to employ between four and eight direct workers, and indirectly contribute toward up to 44 
jobs in 22 industries has the potential to create a significant economic impact or have broader 
implications, rising to the level of a substantial positive economic effect as contemplated by Dhanasar. 
See id. at 889-90. 
Similarly, although the Petitioner references federal, state, local, and payroll taxes that would be 
generated by the four-to-eight direct jobs and by the potential 44 indirect aggregate jobs, the record 
does not establish how that rises to the level of broader implications and substantial positive economic 
effects as contemplated by Dhanasar. See id. The Petitioner asserts that the business plan projects to 
pay, cumulatively, "$1.1 million in taxes over a 5-year period." However, the record lacks evidence 
establishing the relative significance of a five-year contribution of $1.1 million in payroll and 
corporate taxes and whether that would rise to level of a significant economic impact or have broader 
implications at the level of a substantial positive economic effect as contemplated by Dhanasar. See 
id. 
The Petitioner also asserts that the endeavor would develop U.S.-Brazil trade. However, the record 
overall, and the bullet-point list of the Petitioner's plan for developing that trade, does not establish 
how the endeavor has the potential to create a significant economic impact or have broader 
implications, rising to the level of a substantial positive economic effect as contemplated by Dhanasar, 
rather than being confined to benefitting the Petitioner's consulting company and its clients. See id. 
5 The Petitioner's business plan indicates that the consulting company would help 14 clients develop brands in the first 
year, growing to helping 40 clients develop brands in the fifth year. The business plan also indicates that it would help 
one client rebrand in the first year. growing to helping six clients rebrand in the fifth year, for a total of 46 clients in the 
fifth year. However, the record does not establish the economic value of any of the brands the consulting company would 
help develop. or other factors that may establish broader implications or substantial positive economic effects of the 
endeavor. 
5 
For example, on appeal the Petitioner generally states that the endeavor will help "American 
businesses to be inserted in the Brazilian marketplace, expanding their revenues through exportation," 
without elaborating on the extent of the clients' revenue expansion and exportation increase, and 
without providing contextual information in order to establish whether that expansion and increase 
rises to the level of a substantial positive economic effect. Similarly, on appeal the Petitioner generally 
states that the endeavor will "help Brazilians to establish and develop their businesses in the U.S., 
again, benefitting the U.S. economy," without providing sufficient detail and context to establish the 
extent of the economic effect. 6 
In summation, the Petitioner has not established that the proposed endeavor has national importance, 
as required by the first Dhanasar prong, and therefore is not eligible for a national interest waiver. 
We reserve our opinion regarding whether the record satisfies the second or third Dhanasar prong. 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we 
conclude that the Petitioner has not established eligibility for, or otherwise merits, a national interest 
waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
6 The Petitioner also cites information from the Office of the U.S. Trade Representative and from the U.S. Department of 
State regarding Brazil in general; however, this information does not address the proposed endeavor, nor does it address 
how the proposed endeavor has broader implications or substantial positive economic effects. See Dhanasar, 26 I&N Dec. 
at 889-90. 
6