dismissed EB-2 NIW Case: Education Administration

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: SEPT. 18, 2023 In Re: 27991696 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an education administrator and entrepreneur, seeks employment-based second 
preference (EB-2) 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 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 record did not 
establish that 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. 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 Christa's, Inc., 26 I&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. 
"Advanced degree" means any U.S. academic or professional degree or a foreign equivalent degree 
above that of baccalaureate. 8 C.F.R. § 204.5(k)(2). A U.S. baccalaureate degree or a foreign 
equivalent degree followed by five years of progressive experience in the specialty shall be considered 
the equivalent of a master's degree. Id. 
Once 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. While neither the statute nor the pertinent regulations define the 
term "national interest," Matter of Dhanasar, 26 I&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 1, grant a national interest waiver if 
the petitioner demonstrates that: 
• 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. 
II. ANALYSIS 
The 
Petitioner submitted certified English translations of his academic transcripts and degree from the 
' along with an educational evaluation that states that the ~---------------~ Petitioner's "Bacharelado" in "Comunicac;ao Social" is equivalent to a U.S. bachelor's degree in social 
communication. In addition, the Petitioner provided employment letters showing that he has at least 
five years of progressive post-baccalaureate experience in the specialty. He therefore qualifies for the 
underlying EB-2 classification as an advanced degree professional. Thus, the remaining issue is 
whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar 
framework. While we do not discuss each piece of evidence, we have reviewed and considered each 
one. 
The Petitioner proposes to continue to develop his company in Florida which specializes "in 
supporting U.S. Private and Public Schools, U.S. Businesses, and individuals by providing specialized 
essential educational programs, including emotional intelligence programs, in the U.S. market." 
The first prong of the Dhanasar analytical framework, substantial merit and national importance, 
focuses on the specific endeavor that the individual proposes to undertake. Dhanasar, 26 I&N Dec. 
at 889. The endeavor's merit may be demonstrated in a range of areas, such as business, 
entrepreneurialism, science, technology, culture, health, or education. Id. For example, endeavors 
related to research, pure science, and the furtherance of human knowledge may qualify. Id. 
In her decision, the Director determined that the Petitioner's proposed endeavor is of substantial merit, 
and we agree. Turning to the national importance of his endeavor, the Director concluded that the 
Petitioner did not establish that his proposed endeavor has national importance. 
On appeal, the Petitioner contends that the Director did not give due regard to his statement; business 
plan; letters of recommendation; and industry reports and articles. In addition, the Petitioner relies, in 
part, on his over 22 years of experience in the field of business and educational administration to 
establish the national importance of his proposed endeavor. However, the Petitioner's expertise and 
record of success in previous positions are considerations under Dhanasar' s second prong, which 
"shifts the focus from the proposed endeavor to the foreign national." Id. at 890. The issue here is 
whether the Petitioner has demonstrated, by a preponderance of the evidence, the national importance 
of his proposed work. 
1 See also Poursina v. USC1S. 936 F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest 
waiver to be discretionary in nature). 
2 
We reviewed the Petitioner's letters of recommendation from his professional acquaintances. The 
authors of the letters praise the Petitioner's abilities in the business and educational administration 
sector, and the personal attributes that make him an asset to the workplace. While the recommendation 
letters evidence the high regard the Petitioner's professional acquaintances have for the Petitioner and 
his work, they do not offer persuasive detail concerning the impact of the Petitioner's proposed 
endeavor or how such impact would extend beyond his prospective students and/or clients. As such, 
the letters are not probative of the Petitioner's eligibility under the first prong of Dhanasar. 
The Petitioner also emphasizes the importance of the academic management sector and submitted 
industry reports and articles discussing immigrant entrepreneurship and the benefits of international 
investment. However, in determining national importance, the relevant question is not the importance 
of the industry or profession in which the individual will work; instead, we focus on "the specific 
endeavor that the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. We 
further noted that "we look for broader implications" of the proposed endeavor and that "[ a ]n 
undertaking may have national importance for example, because it has national or even global 
implications within a particular field." Id. We also stated 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, for instance, may well be understood to have national importance." Id. 
at 890. 
In Dhanasar, we determined the petitioner's teaching activities did not rise to the level of having 
national importance because they would not impact his field more broadly. Id. at 893. Likewise, the 
Petitioner has not established how his company in the educational services sector stands to sufficiently 
extend beyond his students and/or clients to impact the field more broadly at a level commensurate 
with national importance. 
In addition, we reviewed the Petitioner's business plan, including its revenue and employment 
projections. The Petitioner did not sufficiently describe the origin or basis for these projections and, 
even if he had, they would not establish the national importance of the proposed endeavor. 2 As we 
explained in Dhanasar, "[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, for 
instance, may well be understood to have national importance." Id. at 890. Here, the Petitioner has 
not demonstrated that the specific endeavor he proposes to undertake has significant potential to 
employ U.S. workers or otherwise offers substantial positive economic effects for our nation. Without 
sufficient information or 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 U.S. regional or 
national economy resulting from the Petitioner's proposed endeavor would reach the level of 
"substantial positive economic effects" contemplated by Dhanasar. Id. 
2 The Petitioner must support his assertions with relevant, probative, and credible evidence. See Matter of Chawathe, 25 
l&N Dec. at 376. 
3 
Because the Petitioner has not established eligibility under the first prong of the Dhanasar test, we 
need not address his eligibility under the remaining prongs, and we hereby reserve them. 3 The burden 
of proof is on the Petitioner to establish that he meets each eligibility requirement of the benefit sought 
by a preponderance of the evidence. Matter of Chawathe, 25 I&N Dec. at 375-376. The Petitioner 
has not done so here and, therefore, we conclude that he has not established eligibility for a national 
interest waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
3 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). 
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