dismissed EB-2 NIW Case: Consumer Electronics

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-R-A-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 15,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, founder and chief executive officer (CEO) of a consumer electronics company. 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). After the petitioner has established eligibility for EB-2 classification. U.S. Citizenship 
and Immigration Services (USCIS) may, as 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. Mat!er ofDhanasar. 26 I&N Dec. 884 
(AAO 2016). 
The Director of the Texas Service Center denied the Form I-140. Immigrant Petition for Alien 
Worker, finding that the Petitioner qualified for classification as a member of the professions 
holding an advanced degree, but that he had not established that a waiver of a job offer and thus of a 
labor certification would be in the national interest. The matter is now before us on appeal. After 
filing the appeal, the Petitioner submitted a supplemental brief asserting eligibility under Dhanasar. 
In April 2017, we issued a request for evidence (RFE) asking the Petitioner to provide additional 
evidence satisfying the three-part framework set forth in that precedent decision. 
In response, the Petitioner states that the record, including the previously submitted supplemental 
brief, demonstrates that he is eligible for a national interest waiver under the Dhanasar framework. 
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. 
Matter of A-R-A-
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 of job offer-
(i) National interest waiver. ... [T]he 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, atis. 
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 recently 
set forth a new framework for adjudicating national interest waiver petitions. S'ee Dhanasar, 26 I&N 
Dec. 884.1 Dhanasar states that after EB-2 eligibility has been established. USCIS may, as a matter 
of discretion, grant a national interest waiver when the below prongs are met. 
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 
1 
In announcing this new framework, we vacated our prior precedent decision, Mafler of' New York State Department of' 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm 'r 1998) (NYSDOT). 
2 
.
Matter of A-R-A-
performing this analysis, USC IS 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) 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 Petitoner qualities as a member of the professions holding an advanced 
degree.3 The sole issue to be determined is whether the Petitioner has established that a waiver of the 
requirement of a job offer, and thus a labor certification, would be in the national interest. 
The Petitioner has indicated that he is CEO of a company that 
he founded and in which he owns a 91% ownership interest.
4 
In a letter accompanying the petition, the 
Petitioner explained that purchases products from American distributors and sells them to 
national and international customers. He emphasized that the business benefits the U.S. economy as 
many companies are not equipped to move products overseas efficiently and profitably. He stated 
that ' mission is to provide customers with a complete selection of unique digital imaging 
products, cell phones, tablets and other consumer electronics at competitive prices and with fast 
shipping to expedite order fulfillment." The Petitioner noted that his duties will continue to include 
directing and coordinating the sourcing, buying, pricing, sales, and distributions of products; managing 
business development strategies; identifying new opportunities for growth and progress; and developing 
relationships with customers. The company's undated organizational chart lists a total of six 
employees, all under the direct or indirect supervision of the Petitioner. 
A. Substantial Merit and National Importance of the Proposed Endeavor 
The Petitioner proposes to continue his work as CEO of and maintains that his endeavor 
has substantial merit because "the very act of [the Petitioner's] establishment and building of the 
company to significant success furthers the U.S. interests in fostering entrepreneurship and employment 
in the U.S., a priority for the entire nation." The record includes articles and research studies 
discussing small business job creation and entrepreneurship and its importance to a growing U.S. 
economy. For example, a research report from the U.S. Bureau of Labor Statistics entitled 
"Entrepreneurship and the U.S. Economy," details the positive 
impact of new and small businesses 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 
The record indicates that, in 2008, the Petitioner earned a Master's of Business Administration from 
" As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for him to have a job offer 
from a specific employer. However, we will consider information about this prospective position to illustrate the 
capacity in which he intends to work. 
.
Matter of A-R-A-
to the U.S. economy. Similarly, an article published by the 
entitled, 
highlights the innovations and contributions of immigrant entrepreneurs in 
creating jobs in the United States, particularly in the high-technology manufacturing and information 
technology sectors. We find that the Petitioner's proposed work, which aims to advance his 
entrepreneurial business endeavor and create jobs, has substantial merit. 
To evaluate whether the Petitioner's work satisfies the national importance requirement our RFE 
sought, in part, evidence documenting the "potential prospective impact" of his work. We noted that 
under Dhanasar, an 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. Accordingly, we asked the Petitioner to clarify 
his plans, anticipated revenue, and staffing levels along with an explanation of how these metrics 
demonstrate that his work will offer substantial economic benefits to the region in which the 
business is located or to the nation. The Petitioner's response does not offer sufficient evidence 
demonstrating that his proposed endeavor is of national importance. 
The Petitioner asserts that he "not only has demonstrated a potential prospective impact on the U.S. 
economy, but has already showed significant impact measured in real accomplishments and business 
success.'' The record includes financial documents including Form 1065, U.S. Return of 
Partnership Income, for the years 2012-2015, along with the company's 2014 business plan. According 
to the business plan, was forecast to earn $1.9 million in gross revenue in 2016 and had six 
employees earning combined salaries of just over $200,000. The Petitioner did not however, 
provide information showing future anticipated revenue and staffing levels, or an explanation of how 
these metrics demonstrate that his endeavor will offer substantial economic benefits to the region in 
which the business is located or to the nation. For example, the Petitioner did not provide an 
updated business plan or any updated projections for future growth and hiring, nor did he ofler 
evidence that his work stands to have positive economic effects that reach beyond to affect 
the regional or national economy more broadly. 
Furthermore, although the Petitioner contends in his initial brief that use of transportation 
and shipping providers represents a substantial economic benefit to the economy, the record does not 
sufficiently corroborate that assertion. The Petitioner claims that the volume of goods bought and 
sold will offer a substantial economic benefit because the company's use of shipping providers and 
freight forwarders to distribute products furthers the national interest. The Petitioner maintains that. 
based upon its past record of gross revenue exceeding $72 million, 5 its contracts with freight and 
shipping companies to transport this large quantity of inventory, will continue to "inject the U.S. 
economy with a beneficial infusion of trade and financial activity, which should be considered for its 
impact on the U.S." 
5 
Tax returns reflect that annual gross revenue exceeded $73 million in 2015, and its cost of goods sold 
exceeded $72 million, resulting in a profit of $9 I I ,485. 
4 
.
Matter of A-R-A-
Supporting this position, the Petitioner provided invoices and contracts with transport companies 
ranging in value from a couple of hundred dollars to several thousand dollars. In addition. the 2015 
tax returns reflect that the company paid $207,390 in shipping costs in 2015. The Petitioner did not 
offer an updated business plan outlining future shipping cost projections or explain how these 
expenses stand to have substantial positive economic etlects. For example, he did not provide 
comparative statistics, industry data, or other economic metrics indicating that use of 
these service providers at these levels will result in significant benefits for shipping providers , the 
freight industry generally, or the economy in which these providers operate. As the Petitioner has 
not established that his endeavor's prospective impact supports a finding of national importance, he 
has not met the first prong of the Dhanasar framework. 
B. Well Positioned to Advance the Proposed Endeavor 
The second prong shifts the focus from the proposed endeavor to the Petitioner's qualifications. The 
record includes copies of his educational credentials, stock certificates , and company operating 
agreements confirming his role as the CEO of The record additionally includes several 
letters from colleagues attesting to the Petitioner's excellent customer support, quick inventory 
fulfillment, and reliable product replacement. For example, account manager at 
a trading website, states that the Petitioner "has provided the company with leadership and 
momentum that has enabled them to experience tremendous growth that benefits vendors, customers, 
and the field." The Petitioner's success m leading is further demonstrated by the 
company's receipt of award given to the private 
businesses in the United States. 
Based on the Petitioner ' s qualifications as an entrepreneur and CEO, the actions he has taken to 
grow his business , and the praise offered by his colleagues and industry partners , we find that he is 
well positioned to advance his proposed endeavor of serving as CEO of Accordingly, he 
satisfies the second prong of the Dhanasar framework. 
C. Balancing Factors to Determine Waiver's Benefit to the United States 
As explained above , 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 otTer and thus of a labor 
certification. Here, the Petitioner claims that he is eligible for a waiver due , in part to the ditliculty 
of self-petitioners in obtaining a labor certification. However, as the Petitioner has not established 
that his proposed endeavor is of national importance as required by the first prong of the Dhanasar 
framework, he is not eligible for a national interest waiver and further discussion of the balancing 
factors under the third prong would serve no meaningful purpose. 
6 To the extent that the Petitioner claims that he is well positioned to offer substantial economic benefits to the economy 
where his business is located or the nation in general , as discussed under the first prong, he has not shown that his work 
stands to ofter such benefits. However , given the Petitioner 's record of achievement leading and growing we 
find that he is well positioned to continue serving the company as its CEO. 
Matter of A-R-A-
III. CONCLUSION 
As the Petitioner has not met the requisite three prongs set forth in the Dhanasar analytical framework, 
we find that he has not established eligibility for or otherwise merits a national interest waiver as a 
matter of discretion. 
ORDER: The appeal is dismissed. 
Cite as Matter of A-R-A-, ID# 399777 (AAO Aug. 15, 2017)