dismissed EB-2 NIW Case: Cultural Education

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 2, 2024 In Re: 33940012 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, who intends to engage in a Yoruba self-enrichment education endeavor, seeks second 
preference immigrant classification as a member of the professions holding an advanced degree, 1 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 Texas Service Center denied the petition, concluding that the Petitioner qualifies 
for classification as a member of the professions holding an advanced degree, but had not established 
that a waiver of the required job offer, and thus of the labor certification, would be in the national 
interest. 
On appeal, the Petitioner asserts eligibility for a national interest waiver. 
In these proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit 
sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 
2010). Upon de nova review, we will dismiss the appeal. 
I. LAW 
If a petitioner demonstrates eligibility for the underlying EB-2 classification, 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. Matter of Dhanasar, 26 l&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, grant a national interest 
waiver if the petitioner demonstrates that: 
• The proposed endeavor has both substantial merit and national importance; 
1 The Petitioner submitted evidence that establishes he holds a Master of Science (M.Sc.) degree in Banking and Finance, 
awarded by O un State, Ni eria, conferred in 2006, and a Master of Business 
Administration (MBA) degree, awarded by the _________ Ekiti State, Nigeria, conferred in 
2003. Additional evidence provided in the educational evaluation indicates that both degrees are equivalent to master's 
degree programs in the United States. 
• The individual is well-positioned to advance their proposed endeavor; and 
• On balance, waiving the job offer requirement would benefit the United States. 
Id. 
II. ANALYSIS 
The Director concluded that the Petitioner qualifies as a member of the professions holding an 
advanced degree. The Director also determined that the Petitioner had established that the proposed 
endeavor met the substantial merit portion of the first prong set forth in the Dhanasar analytical 
framework. The Director's decision then provided a well-reasoned explanation as to why the 
Petitioner does not merit a national interest waiver. 
Therefore, upon consideration of the entire record, including the arguments made on appeal, we adopt 
and affirm the Director's decision with the comments below. See Matter of P. Singh, Attorney, 26 
l&N Dec. 623 (BIA 2015) (citing Matter of Burbano, 20 l&N Dec. 872, 874 (BIA 1994); see also 
Chen v. INS, 87 F.3d 5, 7-8 (1st Cir. 1996) ("[I]f a reviewing tribunal decides that the facts and 
evaluative judgments prescinding from them have been adequately confronted and correctly resolved 
by a trial judge or hearing officer, then the tribunal is free simply to adopt those findings" provided 
the tribunal's order reflects individualized attention to the case). 
On appeal, the Petitioner argues that his proposed endeavor is in the national interest, citing four White 
House diversity initiatives that underscore the importance of diversity, i.e. initiatives on Asian 
Americans and Pacific Islanders, women and girls, a task force on new Americans, and the White 
House Office of Public Engagement and Intergovernmental Affairs which works to engage diversity 
across the United States.2 
We agree with the Director that the submitted documentation establishes his endeavor has substantial 
merit. In determining national importance, however, the relevant question is not the overall 
importance of cultural diversity, instead, we focus on the "the specific endeavor that the foreign 
national proposes to undertake." See Dhanasar, 26 l&N Dec. at 889. The Petitioner must still 
demonstrate the potential prospective impact of his specific proposed endeavor. While the Petitioner 
claims that his proposed endeavor will serve our country by making a "vital contribution" to cultural 
diversity, citing to the four White initiatives described above, he has not demonstrated that his 
undertaking stands to impact his field or industry more broadly beyond the participants in his Yoruba 
self-enrichment educational program. 
Moreover, we are not persuaded by the argument that the Petitioner's proposed endeavor has national 
importance due to the shortage of programs in Yoruba. In fact, on appeal, the Petitioner provided new 
evidence of Yoruba educational programs at eleven universities across the United States including 
elite ivy league universities, historically Black colleges or universities (HBCUs), and state colleges. 
On appeal, the Petitioner addresses the Director's statement noting the lack of a business plan 
projecting staffing levels or hiring plans to demonstrate his proposed endeavor would employ a 
2 While we may not discuss every document submitted, we have reviewed and considered each one. 
2 
significant population of workers in an economically depressed area or that his endeavor would offer 
a U.S. region or its population a substantial economic benefit through employment levels or business 
activity. The Petitioner states on appeal that he will develop comprehensive training programs for 
educators in Yoruba language and heritage; establish 5 new centers in "strategic" locations by 2029; 
engage the community; create a minimum of 50 new jobs; and achieve steady growth and financial 
sustainability. The Petitioner offers financial projections for years 1-5 for revenue, expenses, and net 
profit. However, the business plan's projections concerning the business are not supported by 
probative evidence to demonstrate the credibility of the hiring, financial, and growth estimates 
forecasted. The Petitioner does not explain how the staffing and expense forecasts were calculated. 
A petitioner must support assertions with relevant, probative, and credible evidence. See Matter of 
Chawathe, 25 l&N Dec. at 376. The business plan does not demonstrate that any benefits to the 
regional or national economy resulting from the Petitioner's endeavor would reach the level of 
"substantial positive economic effects" contemplated by Dhanasar. Id. at 890. The Petitioner has not 
demonstrated the national importance of his proposed endeavor under the first prong of the Dhanasar 
analytical framework. 
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. See Dhanasar, 26 l&N 
Dec. at 893. Here, the record does not show that the Petitioner's proposed endeavor stands to 
sufficiently extend beyond his students to impact the field of cultural diversity and Yoruba heritage 
and language more broadly at a level commensurate with national importance. Nor has he shown that 
the particular work he proposes to undertake offers original innovations that contribute to 
advancements or otherwise has broader implications for his field. 
Furthermore, the Petitioner has not demonstrated that his specific endeavor has significant potential 
to employ U.S. workers or otherwise offers substantial positive economic effects for our nation. 
Without evidence regarding any projected U.S. economic impact or job creation directly attributable 
to his future work, the record does not show that benefits to the regional or national economy resulting 
from the Petitioner's endeavor would reach the level of "substantial positive economic effects" 
contemplated by Dhanasar. Id. at 890. 
On appeal, the Petitioner also asserts that he is well-positioned for the proposed endeavor, arguing that 
the Director overlooked his certificate in education from thel I On appeal, 
the Petitioner has provided evidence of the qualifications for a Yoruba instructor at the 
I I who is also a lecturer in Afro-American and African Studies. The instructor 
described in the record holds a Ph.D. in Comparative Literature and lntercultural Studies from the
[ Iand an M.A. in African Languages and Literature from thel I l I He is from Nigeria and a native speaker of the Yoruba language. The Petitioner 
further provided documentation regarding qualifications of typical educators in an American state 
university which offers Yoruba language and culture. For example, the Yoruba 
faculty brings together scholars with diverse research interests ranging from African oral literature 
through post-colonial African women writers offering cultural courses in literature, cinema, 
linguistics, and language. 
In contrast to the qualifications noted above, the Director aptly noted that the Petitioner has a Bachelor 
of Science in Accountancy, a Master of Business Administration and a Master of Science in Banking 
3 
and Finance. Upon de nova review, we acknowledge that the Petitioner has a 1992 certificate in 
education from the ________ as well as a 1992 
Certificate and he has some experience teaching Yoruba heritage in an extramural class related to 
accounting and taxation at the Campus Learning Center.3 
The bulk of the Petitioner's education and teaching experience relates to accounting, banking and 
finance, though we note he taught business and accounting classes in the Yoruba language. 
Accordingly, we find that, upon de nova review, the Petitioner has not established he is well-positioned 
for the proposed endeavor. 
Because the documentation in the record does not establish the national importance of his proposed 
endeavor as required by the first prong of the Dhanasar precedent decision and does not establish that 
the Petitioner is well-positioned for his proposed endeavor, the Petitioner has not demonstrated 
eligibility for a national interest waiver. Since these issues are dispositive of the Petitioner's appeal, 
we decline to reach and hereby reserve the appellate arguments regarding the remaining issues. 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 alternative issues on appeal where an 
applicant is otherwise ineligible). 
111. CONCLUSION 
As the Petitioner has not met the requisite first and second prongs of the Dhanasar analytical 
framework, we conclude he has not established that he is eligible for, or otherwise merits, a national 
interest waiver as a matter of discretion. The appeal will be dismissed for the above stated reasons. 
ORDER: The appeal is dismissed. 
3 A letter of recommendation from someone who took this extramural class said that the Petitioner's initiative (Yoruba 
Heritage in teaching) helped the recommender grasp complex concepts or ideas in Accounting and Taxation more 
effectively. 
4