dismissed EB-2 NIW Case: Entrepreneurship

U.S. Citizenship 
and Immigration 
Services 
InRe: 8775121 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: WL Y 21, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, an entrepreneur, 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). 
The Director of the Texas Service Center denied the petition, concluding 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 the required job offer, and thus of the labor certification, would be in the 
national interest. 
On appeal, the Petitioner submits a brief asserting that he is eligible 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. Upon de nova 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. 
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 ofjob 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, arts, 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 set forth 
a framework for adjudicating national interest waiver petitions in the precedent decision Matter of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016). 1 Dhanasar states that after a petitioner has established 
eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter 
of discretion 2, 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. 
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 performing 
this analysis, USCIS 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 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 T&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSD01). 
2 See also Poursina v. USCIS, No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCTS' decision to grant or 
deny a national interest waiver to be discretionary in nature). 
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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. 3 
II. ANALYSIS 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree. The remaining 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. For the 
reasons discussed below, we agree with the Director that the Petitioner has not sufficiently 
demonstrated the national importance of his proposed endeavor under the first prong of the Dhanasar 
analytical framework. 
Regarding his claim of eligibility under Dhanasar's first prong, the Petitioner indicated that he intends 
to continue his work as "an entrepreneur - specifically impacting the real estate and commercial sectors 
- as well establish business partnerships with U.S. companies, institutions, and individuals that wish to 
further their economic objectives." He asserted that his "proposed endeavor is focused on expanding the 
U.S. real estate market. I intend to buy land and properties to then develop such areas into commercial 
and residential opportunities .... " The Petitioner further stated: 
In fact, I have already acquired some properties in the state of Florida, including one 
commercial unit inl !Florida, as well as a lot inl I- where I 
already have the permits to build five ( 5) real estate units. Here, I will use my vast network 
of contacts in Brazil - including a wide range of investors who have already showed 
interest in my projects - to attract foreign investment opportunities for the nation. 
In addition, the Petitioner explained that he is "interested in developing residential and commercial 
complexes - specifically a day care facility. More so, I own a few plots of land in the following areas: 
I 11 I and I ~ where a substantial number of Latin Americans 
and Brazilians are looking to invest." He noted that "[t]he first business I will open will be a new car 
wash station - I I. . . . I im preserly undergoing the negotiation process to open the 
new car wash unit, which will be located in Mall - where I have already purchased a lot .... " 
The Petitioner also claimed that he plans to open "a store to sell armored vehicles ... manufactured in the 
U.S." and that this "U.S.-based company" will "export its services and products" to Brazil and Latin 
America, "where there is a strong armored vehicle market." He further contended that his proposed 
endeavor stands to "address the nation's housing crisis," "contribute to both direct and indirect job 
creation," "incentivize economically depressed areas," and "transform local economies into strong 
economic regions." 
The Petitioner presented the February 2019 "Articles of Organization" for his Florida Limited Liability 
Company,I I He also provided documentatiFon=--"i=n=d1=·c=at=in==---=t=ha=t:..J..-~-------' 
borrowed $163,777.19 to purchase a $190,000.00 property in in March 2019. 
Additionally, the Petitioner offered an October 2018 agreement between .__ __________ ___. 
3 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
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I land I I "to provide car wash services to unit owners or tenants of Association 
(collectively 'Residents')" atc=Js property inl I Florida. 
The record includes information about the economic benefits associated with immigrants, 
entrepreneurship as a driver of U.S. economic growth, immigrant entrepreneurs' positive impact on 
the U.S. economy, foreign investors' attraction to the U.S. commercial real estate market, the 
economic effects of commercial real estate development, and our country's housing affordability 
cns1s. In addition, the Petitioner provided articles discussing immigrants' contribution to U.S. 
entrepreneurship, entrepreneurs' role in creating a more inclusive future economy, the economic 
contribution of immigrant-launched businesses, the entrepreneurial legacy of immigrants and their 
children, the lack of affordable urban housing and its cost to the U.S. economy, and increased demand 
for private capital for real estate investment. He also submitted information about the value of 
entrepreneurs to the global economy, foreign-born entrepreneurship as an engine for job creation, the 
positive net fiscal impact of immigrants, the benefit of foreign direct investment to the U.S. economy, 
housing's connection to economic growth, real estate as a source of wealth, housing costs' impact on 
economic mobility, and the shortage of affordable housing for low-income renters. The record 
therefore shows that the Petitioner's proposed work as an entrepreneur has substantial merit. 
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 "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. 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. 
The Petitioner argues on appeal that "he is stimulating the national economy through his activities in 
the high-growth industry of real estate, as well as through other specialized entrepreneurial actions." 
He claims that his two companies _______ ~andl I stand to "incentivize 
national economic patterns" because of the "ripple effects" they generate "upon commercial activities, 
the domestic job market, the business industry, and, ultimately, the U.S. economy." The Petitioner further 
maintains that his proposed work in the U.S. real estate market offers "investment opportunities for 
the nation," serves the "domestic job market ... because commercially active regions lead to both 
direct and indirect employment generation," and addresses our country's "current shortage of 
housing." In addition, he asserts that "[h]is proposed endeavor will ... bring substantial foreign 
investment activities to the nation, as Brazil is a key investor within the nation's real estate sector." 
The Petitioner also contends that his undertaking involves advising "foreign entities on how to invest 
within the U.S. real estate market, thus revitalizing both the nation's real estate sector and foreign 
investment activities, and, on a bigger spectrum, the national economy." Furthermore, the Petitioner 
states that his undertaking stands to "incentivize the local and national economy by 1) employing and 
paying U.S. employees, and 2) by supporting local subcontractors." 
To evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement 
we look to evidence documenting the "potential prospective impact" of his work. Although the 
Petitioner's statements reflect his intention to operate several businesses and to develop residential and 
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commercial real estate, he has not offered sufficient information and evidence to demonstrate that the 
prospective impact of his proposed endeavor rises to the level of national importance. 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. Id. at 893. Here, we find the record 
does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his 
business and real estate projects to impact or the U.S. economy or real estate market more broadly at 
a level commensurate with national importance. 
Furthermore, 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. Specifically, he has not shown that his companies' future staffing levels, support 
of local contractors, and volume of real estate investment activity stand to provide substantial 
economic benefits in Florida or the United States. Without sufficient information or evidence regarding 
any projected U.S. economic impact or job creation 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 financial 
projects would reach the level of"substantial positive economic effects" contemplated by Dhanasar. Id. 
at 890. 
In addition, although the Petitioner asserts that his company will hire U.S. employees and subcontractors, 
he has not offered sufficient evidence that the areas where he plans to conduct business and develop 
real estate are economically depressed, that he would employ a significant population of workers in 
such areas, or that his endeavor would offer those regions or their population a substantial economic 
benefit through employment levels or real estate investment. Moreover, while the Petitioner contends 
that his undertaking will "bring substantial foreign investment activities to the nation," he has not 
shown that the prospective impact of his development projects represents a significant share of the 
Florida or U.S. real estate market. For these reasons, the Petitioner's proposed work does not meet 
the first prong of the Dhanasar framework. 
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, the Petitioner has not 
demonstrated eligibility for a national interest waiver. Further analysis of his eligibility under the second 
and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose. 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we find that 
he has not established 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, with each considered as an 
independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
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