dismissed EB-2 NIW Case: Entrepreneurship

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: NOV. 08, 2023 In Re: 28581443 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, an entrepreneur seeking to sell hair care products, seeks second preference immigrant 
classification as an individual of exceptional ability, as well as a national interest waiver of the job 
offer requirement attached to this EB-2 immigrant 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 did not 
qualify as an individual of exceptional ability and that he had not established 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 Christo 's, Inc., 26 l&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. 
Once a petitioner demonstrates eligibility as either a member of the professions holding an advanced 
degree or an individual of exceptional ability, 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 (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: 
1 See also Poursina v. USCIS, No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS ' decision to grant or 
deny a national interest waiver to be discretionary in nature). 
• The proposed endeavor has both substantial merit and national importance; 
• The individual is well positioned to advance the proposed endeavor; and 
• On balance, waiving the requirements of a job offer and a labor certification would benefit the 
United States. 
II. ANALYSIS 
The Petitioner claimed eligibility for the EB-2 classification as an individual of exceptional ability. 
The Director concluded that the Petitioner did not qualify as an individual of exceptional ability for 
not having met three of the six criteria. Because we nevertheless find that the record does not establish 
that a waiver of the requirement of a job offer, and thus of a labor certification, would be in the national 
interest, we reserve our opinion regarding whether the Petitioner satisfies second-preference eligibility 
criteria. 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"); Matter of 
L- A-C-, 26 I&N Dec. 516, 526 n. 7 (BIA 2015) ( declining to reach alternative issues on appeal where 
an applicant is otherwise ineligible). 
The Director did not determine whether the Petitioner's endeavor has substantial merit but concluded 
that the Petitioner has not sufficiently demonstrated the national importance of his proposed endeavor 
under the first prong of the Dhanasar' s analytical framework. The Director also concluded that the 
Petitioner did not meet the second or third prong ofDhanasar. On appeal, the Petitioner contends that 
the record demonstrates that he meets all three prongs of Dhanasar. 
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. Dhanasar, 26 I&N Dec. at 889. 
In the initial filing, the Petitioner stated on his Form 1-140 that he intends to work as a general operations 
manager. The Petitioner submitted his business plan and personal statement indicating that his ro osed 
endeavor is to establish and operate a cosmetics factory called head uartered in 
Florida. The Petitioner stated that he has operated another company,__________ ____,,,.in Brazil 
for last ten years and I I will be an extension of this existing business. According to the 
Petitioner's business plan, his company will engage in the following activities: 1) new product 
development management; 2) new technologies development; 3) courses for hairdressing professionals; 
4) culture mentoring and implementation; 5) customer relationship management; 6) cosmetic 
manufacturing. The business plan also includes a market analysis that provides the background 
information regarding the increasing revenue and growth expectations for the beauty and cosmetics 
market in general and demonstrates that this field has a vast and promising market for product 
development and business management. Based on the information, we conclude that this endeavor in the 
area of entrepreneurialism has substantial merit. 
However, we agree with the Director that the record does not sufficiently demonstrate the endeavor's 
national importance. On appeal, the Petitioner reiterates the claims previously made in response to the 
Director's request for evidence (RFE). The Petitioner contends that his endeavor has national 
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importance based on industry reports and articles that forecast an increase in demand and revenues in 
the beauty and cosmetic market. The Petitioner also contends that his entrepreneurial endeavor, which 
includes development of hair care products, falls into STEM field which is an important priority for 
the U.S. government. Additionally, the Petitioner discusses the importance of immigrant 
entrepreneurship for contributing to the labor supply and the U.S. economy overall based on the 
National Bureau of Economic Research paper and White House policy documents. 
In determining national importance, the relevant question is not the importance of the field, industry, 
or profession in which the individual will work; instead, we focus on the "the specific endeavor that 
the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. In Dhanasar, 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. Here, the Petitioner does not identify independent and 
corroborative documentation to support how working as a general operations manager of his own 
cosmetics business stands to sufficiently extend beyond his company and future clients to broadly 
impact the industry or the U.S. economy. Instead, the Petitioner's claims of national importance rely 
on generalized discussion of the industry's importance, the field's overall outlook, and the value of 
immigrant entrepreneurship. 
The record includes al ex~ert opinion letter fro m~-------~ an assistant professor of 
professional practice at 1University in New Jersey and adjunct associate professor of business 
atc=J University in New York. Instead of discussing the details of the Petitioner's proposed 
endeavor or its impact, ~------~generally summarizes the Petitioner's experience in 
managing his own cosmetic and hair product companies in Brazil. The expert letter then contends that 
the Petitioner's endeavor has significant potential to employ U.S. workers and other substantial 
positive economic effects because the hair, skin, and nail salons generate significant revenues within 
the overall beauty market and the Bureau of Labor Statistics (BLS) provides strong growth 
expectations for barbers, hairdressers, and cosmetologists in the United States. 
The expert letter's claim on national importance is not supported by any specific details regarding the 
Petitioner's actual proposed endeavor or his company's impact to the industry. The letter offers vague 
and generic assertions about how the Petitioner's endeavor "impacts a matter that a government entity 
has described as having national importance or is the subject of national initiatives" and how small 
businesses "have been critical in revitalizing economical distressed areas." ~------~also 
reprises the Petitioner's arguments regarding the value of immigrant entrepreneurs, stating that 
"Latinos are the fastest growing group of entrepreneurs" and highlights the government's efforts in 
cultivating "entrepreneurship among underrepresented groups, including women, minorities, and 
veterans." users may, in its discretion, use as advisory opinions statements submitted as expert 
testimony, but users is ultimately responsible for making the final determination regarding an 
individual's eligibility for the benefit sought. See Matter of Caron International, 19 I&N Dec. 791, 
795 (eomm'r 1988). Here, the expert letter focuses on the importance of the industry and profession, 
not the specific impact of the proposed endeavor. 
The Petitioner submitted many recommendation letters from his business associates (i.e., his legal 
advisor, his financial advisor, and distributors of~--------~hair care products) as well 
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as his former co-workers atl 12 discussing his success as an entrepreneur, managerial skills, 
and sale strategies. The record also contains evidence of reco nition received b the Petitioner, 
specifically as a finalist for the category 
in 2019" and a winner of 2016L...---------------------------,----; 
_________ ___. award "in the hair transformation category with his first shampoo 
._______.." The Petitioner also included evidence of several media appearances via social media, network 
TV, and magazines in Brazil for marketing of his company and its hair care products. Although we 
acknowledge the Petitioner's entrepreneurialism and accolades for his hair care products, the evidence 
relating to the Petitioner's experience, record of success, and skills relate to the second prong of the 
Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national." 
Id. at 890. The issue here is whether the specific endeavor that the Petitioner proposes to undertake 
has national importance under Dhanasar's first prong. 
We noted in Dhanasar that "[ a ]n undertaking may have national importance for example, because it 
has national or even global implications within a particular field, such as those resulting from certain 
improved manufacturing processes or medical advances." Id. at 889. To this end, we evaluate whether 
the Petitioner's hair care products and his methodologies for developing these products contributes to 
national or global implications in the field of beauty industry. The Petitioner's business associates, 
especially thel !distributors, have repeatedly referred to the Petitioner's hair 
care products and their sales in the global market, including "Germany, Ukraine, France, Italy, 
Portugal, Poland, Switzerland, among others." However, these letters do not address how the 
Petitioner's endeavor of developing and manufacturing hair care products will substantially benefit 
the beauty and cosmetics industry in the U.S., or how the methodologies of engineered hair care 
products differ from or improve upon those already available and in use in the United States. These 
letters fall short of identifying any specific impact or contribution the Petitioner has made to the 
cosmetic industry by his hair care products. 
On appeal, the Petitioner offers a new document entitled "Statement of Significant Contributions." 
This document appears to be written by a group of unidentified business associates and professionals 
who are purportedly familiar with the Petitioner's hair care products and their widespread usage. 
However, the Petitioner does not explain or demonstrate how these individuals are qualified to 
evaluate the Petitioner's significant contribution to the field of beauty care products. The document 
lists all the hair care products developed by the Petitioner and a total of 145 industry types that are 
directly or indirectly affected by the Petitioner's products, including hotels, pet-care, e-commerce, 
packaging, marketing, advertising, and fashion industries, to name a few. The document also claims 
that celebrities, international magazines, and other social media have shown positive reviews on 
effectiveness of the products. The document attests to popularity or effectiveness of hair care products 
but does not contain corroboration by qualified experts that provide persuasive details about the 
quality, innovation, or significant impact of the hair care products, rising to the level of national 
importance contemplated by Dhanasar. 
The record also contains a document entitled "Intellectual Property Statement" signed by ._I___.
I I a technical manager of ~--------~in Brazil, where the Petitioner's hair care 
products are developed and manufactured. The one-page statement describes the Petitioner as the 
2 According to Form ETA-750 Part B, Application for Alien Employment Certification, the Petitioner worked at 
I Iin Brazil as a manager and corporate director from November 2004 to December 2011. 
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"main developer, idealizer, and creator of highly innovative products in the market." However, the 
record does not contain independent and corroborating evidence of such statement. Instead, the record 
contains safety data sheets from the Petitioner's! lbearing the same technical 
manager's name,I I These data sheets reveal information about the composition and 
ingredients for each of the hair care products, but the Petitioner does not offer any official certifications 
showing trademarks or branding of these products, or letters from independent third-party experts who 
attest to the innovative and original engineering, demonstrating significant impact to the cosmetic hair 
care industry. 
In Dhanasar, 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 the business plan, the 
Petitioner's company projects that its gross sales will increase from $3,307,200 in the first year to 
$21 ,369,600 by the fifth year. The plan also projects hiring 43 employees with an annual payroll 
expense of $2,554,550. However, the business plan does not sufficiently detail the basis for its 
financial and staffing projections, nor does it adequately explain how these projections will be realized. 
The Petitioner must support his assertions with relevant, probative, and credible evidence. See Matter 
ofChawathe, 25 I&N Dec. at 376. 
The Petitioner also contends that his endeavor will have indirect employment from "other connections 
and services and from the consumption effect [supply chain effect]." In the appeal brief, the Petitioner 
provides a separate projection for indirect job creation based on the data from the Economic Policy 
Institute (EPI)'s employment multipliers and states that his project of 43 direct jobs will translate to 
"an estimated 187.74 to 4,014.41 indirect jobs in the chemical product and preparation manufacturing 
industry and 121.73 to 2,600.54 indirect jobs in the management of companies and enterprises." 
However, the Petitioner does not provide a copy of EPI multiplier report to verify and support his 
calculation methods or explain how he arrived at such a wide and varying range of numbers asserted 
on the brief. The Petitioner 's unsupported statements are insufficient to meet his burden of proof 
without relevant, probative, and credible evidence. See id. 
Furthermore, the Petitioner discusses the unemployment rate and poverty status in Florida in general 
terms but does not specifically indicate that he will operate his company in an economically depressed 
area of Florida, or that he would employ a significant population of workers in that area. Instead, the 
Petitioner only states that "I will have to do a qualified research in the localities to understand the 
biggest needs and local desires" in order to fulfill "social responsibility" of his company. 
We conclude that the record does not demonstrate that his endeavor of establishing a cosmetic factory 
and developing hair care products extend beyond his company and future clients, to impact the field 
or any other industries or the U.S. economy more broadly at a level commensurate with national 
importance. The economic benefits that the Petitioner claims depend on numerous factors and the 
Petitioner did not offer sufficient evidence that would corroborate the claimed results. 
Based on the foregoing, we find that the Petitioner did not establish national importance of the 
proposed endeavor and does not meet the first prong of Dhanasar. Therefore, we decline to reach and 
hereby reserve the Petitioner's arguments regarding his eligibility under the second and third prongs. 
See INS v. Bagamasbad, 429 U.S. at 25 ("courts and agencies are not required to make findings on 
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issues the decision of which is unnecessary to the results they reach"); see also Matter ofL-A-C-, 26 
I&N Dec. at 526 n. 7 ( declining to reach alternative issues on appeal where an applicant is otherwise 
ineligible). 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we conclude 
that he has not established he is eligible for or otherwise merits a national interest waiver as a matter 
of discretion. 
ORDER: The appeal is dismissed. 
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