dismissed EB-2 NIW Case: Economics

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : WL. 6, 2023 In Re: 27437635 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an economist, seeks classification under the employment-based, second-preference 
("EB-2") immigrant visa category and a waiver of the category's job-offer requirement. See 
Immigration and Nationality Act ("the Act") section 203(b)(2)(B)(i), 8 U .S.C. § 1153(b)(2)(B)(i) . 
U.S. Citizenship and Immigration Services (USCIS) has discretion to excuse a job offer - and the 
related requirement for certification from the U.S. Department of Labor (DOL) - if a petitioner 
demonstrates that a waiver would be "in the national interest." Id. 
The Acting Director of the Texas Service Center denied the petition . The Director found the Petitioner 
qualified for the requested immigrant visa category as a member of the professions holding an 
advanced degree. See section 203(b)(2)(A) of the Act. But the Director concluded that the Petitioner 
did not demonstrate that his plan to establish a U.S. consulting company for small businesses warrants 
a national interest waiver. Specifically, although the Director found the Petitioner "well -positioned" 
to advance the endeavor, the Director concluded that he did not establish the "national importance" of 
his proposal or that, on balance, a waiver would benefit the United States. On appeal, the Petitioner 
asserts that his proposal could prevent election fraud and restore trust in the country's democratic 
processes. 
The Petitioner bears the burden of demonstrating eligibility for the requested benefit by a 
preponderance of the evidence. Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). 
Exercising de novo appellate review, see Matter of Christo 's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 
2015), we agree with the Director that the Petitioner has not sufficiently demonstrated that his 
proposed work has national importance. We will therefore dismiss the appeal. 
I. LAW 
To establish eligibility for a national interest waiver, a petitioner must demonstrate their qualifications 
for the requested immigrant visa category, either as an advanced degree professional or as a noncitizen 
of "exceptional ability" in the sciences, arts, or business. Section 203(b )(2)(A) of the Act. This 
category generally requires a prospective U.S. employer to seek a noncitizen's services and obtain 
DOL certification to permanently employ them in the country . Section 212(a)(5)(D) of the Act, 
8 U.S.C. § 1182(a)(5)(D). To avoid the job offer/labor certification requirements, a petitioner must 
demonstrate that waivmg these U.S.-worker protections 1s m the national interest. Section 
203(b )(2)(B)(i) of the Act. 
Neither the Act nor regulations define the term "national interest." So, we have established a 
framework for adjudicating requests for national interest waivers. See Matter ofDhanasar, 26 I&N 
Dec. 884, 889 (AAO 2016). If otherwise qualified as an advanced degree professional or non citizen 
of exceptional ability, a petitioner may merit a waiver of the job-offer /labor certification requirements 
if they establish that: 
• Their proposed U.S. work has "substantial merit" and "national importance;" 
• They are "well positioned" to advance their intended endeavor; and 
• On balance, a waiver of the job-offer /labor certification requirements would benefit the United 
States . 
Id. 
II. ANALYSIS 
The record shows that the Petitioner, a Venezuelan native and Italian citizen, earned an economist and 
master of business management degrees in Venezuela, as well as diplomas in: advanced studies in 
science and techniques of government; business intelligence; and key performance indicators. He 
worked about 10 years for a large petroleum company, providing cost analyses and guidance on 
strategic planning, business operations management, finances, and budgets. He then spent the next 
10 years working for Venezuelan state and city governments, creating development plans and 
managing public investment projects. For most of the past 10 years, he has served as a business analyst 
and consultant, specializing in business intelligence, data analytics, and data visualization. 
The Petitioner proposes to establish a consulting company for small businesses in Florida and 
eventually expand its operations to other states. He says that he has already lined up two or three 
projects for the company. 
A. The Requested Immigrant Visa Category 
The Petitioner submitted evidence demonstrating the equivalency of his Venezuelan master's degree 
to a U.S. master's of business administration degree, with a major in marketing management. The 
term "advanced degree" includes a foreign degree equating to a U.S. academic or professional degree 
above that of baccalaureate. 8 C.F.R. § 204.5(k)(2). We therefore agree with the Director that the 
Petitioner qualifies for the requested immigrant visa category as an advanced degree professional. 
B. Substantial Merit 
Proposed endeavors may exhibit substantial ment m a variety of fields , including : business; 
entrepreneurship; science; technology; culture; health; or education. Matter of Dhanasar, 26 I&N 
Dec. at 889. Their potential economic benefits may demonstrate their worth. Id. But "merit may be 
established without immediate or quantifiable economic impact," and "endeavors related to research, 
pure science , and the furtherance of human knowledge may qualify, whether or not the potential 
2 
accomplishments in those fields are likely to translate into economic benefits for the United States." 
Id. 
The Petitioner's business plan does not estimate how much revenue his proposed consultancy would 
generate. But the plan states that - besides the Petitioner - the business would initially need seven 
workers: three professionals with knowledge of economics, finance, business management, and 
business and systems development; a secretary; a business consultant; an accountant; and a marketing 
and sales executive. Thus, the plan indicates that the business could generate at least seven jobs for 
U.S. workers. 
Also, the Petitioner provides statistics indicating that most U.S. employees work for small businesses. 
Therefore, his consulting services to his small-business clients could spur secondary job growth and 
revenues. 
Further, the Petitioner notes that the U.S. government seeks to promote legal immigration to the 
country, especially by entrepreneurs . "New Americans and their children fuel our economy, working 
in every industry, including healthcare, construction, caregiving, manufacturing, service, and 
agriculture. They open and successfully run businesses at high rates, creating jobs for 
millions ." Exec. Order No. 14012, 86 Fed. Reg. 8277, 8277 (Feb. 2, 2021). The Petitioner 's 
endeavor would support this policy. We therefore affirm the Director's finding that the Petitioner's 
proposed work has substantial merit. 
C. National Importance 
When determining whether a proposed endeavor has national importance, USCIS considers the 
undertaking's "potential prospective impact." Matter ofDhanasar, 26 I&N Dec. at 889. The Agency 
focuses on the nature of the specific proposed endeavor, rather than its geographic scope. Id. 
"An undertaking may have national importance for example, because it has national or even global 
implications within a particular field, such as certain improved manufacturing processes or medical 
advances." Id. An endeavor may also demonstrate national importance if it has "significant potential 
to employ U.S. workers" or generate "other substantial positive economic effects, particularly in an 
economically depressed area." Id. at 890. 
The Petitioner contended that his proposed consulting business "has significant potential to train and 
employ U.S. workers and meet the growing demand for data literacy." He stated that the undertaking 
would also fuel small-business productivity, competitiveness, and growth. 
As the Director found, however, the record lacks sufficient evidence that the Petitioner's business 
would have national implications. His business plan and other evidence does not sufficiently 
demonstrate the consultancy's significant potential to employ U.S. workers or generate other 
economic benefits on a nationally significant level. The record also does not indicate the business's 
proposed operation in an economically depressed area. Further, the Petitioner has not demonstrated 
that the consultancy would provide significant advances in the fields of business consulting, business 
intelligence, data analytics, or data visualization. 
3 
When considering national importance, USCIS focuses on a petitioner's specific proposed activities 
rather than on their occupation or field. In Dhanasar, for example, we agreed that instructing U.S. 
students in science, technology, engineering, and mathematics (STEM) disciplines has substantial 
merit. Matter ofDhanasar, 26 I&N Dec. at 893. But we found insufficient evidence that the specific 
classroom teaching proposal demonstrated national importance by "broadly" affecting the STEM 
education field. Id. Similarly, we agree that the Petitioner's proposed consultancy for small 
businesses has substantial merit. But the record does not sufficiently establish the specific proposal's 
potential to rise to a broad, nationally important level. 
Although not before the Director in the underlying proceedings, the Petitioner on appeal contends that 
his government work in Venezuela included developing safeguards against election fraud. He 
contends that his proposed endeavor could develop similar safeguards in the United States "to restore 
the trust of the electorate in the democratic process." 
The Petitioner, however, did not submit sufficient evidence to support his purported ability to develop 
election-fraud safeguards. In connection with a "situation room" established for a Venezuelan state 
government, the record contains a document that, in part, discusses voting and voting centers. But the 
document does not specifically describe the development of election-fraud safeguards or the 
Petitioner's involvement in fighting voter fraud. Counsel asserts that the Petitioner prevented 
fraudulent voting in Venezuela. But counsel's assertions are not evidence. See Matter ofObaigbena, 
19 l&N Dec. 533,534 n.2 (BIA 1988) (citing Matter ofRamirez-Sanchez, 17 I&N Dec. 503,506 (BIA 
1980)). The Petitioner had to substantiate counsel's statements with independent evidence, which 
could have included affidavits or declarations. Also, the record lacks evidence that his proposed 
efforts to fight election fraud in the United States would have national implications . 
For the foregoing reasons, the Petitioner has not demonstrated that his proposed endeavor has national 
importance. We will therefore affirm the petition's denial. 
Our affirmance resolves the appeal. Thus, we need not review the Director's additional findings, 
including the additional denial ground finding insufficient evidence of the requested waiver's benefit 
to the United States. We will therefore reserve those issues' consideration in case their resolutions 
later become needed. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) ("As a general rule, courts and 
agencies are not required to make findings on issues the decision of which is unnecessary to the results 
they reach.") 
III. CONCLUSION 
The Petitioner has demonstrated his qualifications for the 
requested EB-2 immigrant visa category and 
the substantial merit of his proposed U.S. work. But the record does not establish that his endeavor 
has national importance. We will therefore affirm the petition's denial. 
ORDER: The appeal is dismissed. 
4