dismissed EB-2 NIW Case: Entrepreneurship / Real Estate

U.S. Citizenship 
and Immigration 
Services 
In Re: 11912873 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 19, 2021 
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 
national's contributions; and whether the national interest in the foreign national's contributions is 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 See also Poursina v. USC1S, 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). 
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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 asserted that he intends to 
continue "to work as an entrepreneur in the United States." He explained that he has "developed two 
companies focused on real estate investment and development, which I now plan to expand." The 
Petitioner further stated: 
I independently opened~! -----~I in Florida in 2016 for the purpose of providing 
technical services and trainin related to the architecture and construction markets. In the 
same year, I began.__ _________ ----;;:::==::::::i.!!a~r.!::e!!al!....e~s:.!t!!at~e:....:i~n~vestment company, 
which is owned through a partnership between and witH I 
I I 
He also indicated that he plans "to grow and expand my two companies ... to create a single source from 
which real estate investors can meet all of their business needs." Additionally, the Petitioner noted that 
I I involves "construction management and consulting"4 and thatl I I I "deals with real estate investment." 5 He asserted that that through these companies he will 
"assist U.S. companies, institutions, and individuals in need of expert advice and technical services related 
to the architecture and construction market" while also growing his real estate investment company. 
The record includes information about the job outlook for drafters and architects, the demand for 
architects in California, industry workforce pressures relating to architectural firms, real estate's 
impact on the U.S. economy, real estate as a source of wealth, features that distinguish our country 
from other industrial economies, the value of entrepreneurship, and immigrants' benefit to the U.S. 
economy. In addition, the Petitioner provided articles discussing guidance for becoming an 
architectural drafter, the talent gap in the architectural industry, the economic impacts of commercial 
real estate, the expansion of the U.S. housing market, foreign investment in U.S. commercial real 
estate, immigrants' spending power and tax contributions, the entrepreneurial legacy of immigrants 
3 See Dhanasar, 26 T&N Dec. at 888-91, for elaboration on these three prongs. 
4 The Petitioner presented a business plan he prepared fo~ I His business plan offers revenue projections 
of $78,579 in 2019, $410,300 in 2020, $688,700 in 2021, and $887,900 in 2022. The Petitioner, however, does not 
adequately explain how these revenue forecasts were calculated. 
5 The record also includes a business plan fo~ J This plan anticipates revenue of $1,738,000 
in 2020, $1,784,000 in 2021, and $1,784,000 in 2022. Again, the Petitioner does not adequately explain how his revenue 
forecasts were calculated. 
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and their children, and entrepreneur s' involvement in promoting a more inclusive economy. He also 
submitted information about the U.S. architecture industry, the real estate investment industry, total 
home values in the United States, foreign investment in our country's real estate market, the value of 
foreign direct investment to the U.S. economy, investor purchases' effect on the U.S. housing market, 
immigrant entrepreneurship in America, foreign-born entrepreneurs as drivers of American 
innovation, and the contribution of immigrant-launched businesses. The record therefore shows that 
the Petitioner's proposed work as a real estate investment and development entrepreneur has substantial 
merit. 
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. 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 his appeal brief, the Petitioner argues that he has "over twenty (20) years of experience in the business 
field, explicitly within the real estate and construction industries. Much of this experience was acquired 
while working withl lauto and home insurance companyJ O O I 
where ... the Petitioner served as Construction and Project Manager." The Petitioner's experience in his 
field relates 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 he 
proposes to undertake has national importance under Dhanasar's first prong. 
Furthermore, the Petitioner asserts that his proposed endeavor stands to "motivate economic production 
and national development, as well as incentivize the domestic job market." He claims that his proposed 
"work within the United States will generate substantial revenues to the economy and promote 
significant transactions in high-growth industries." The Petitioner also contends that his undertaking 
"will produce significant national benefits, due to the ripple effects of his professional activities." He 
further states that "his proposed endeavor will contribute to tax revenue, strengthen the construction 
industry, spur U.S. real estate investments , increase the flux of foreign direct investments (FDI) in the 
nation, prioritize the domestic job market, and ultimately help increase the flow of money in the U.S. 
on a national level, which will contribute to U.S. gross domestic product (GDP)." Additionally , the 
Petitioner argues that his undertaking stands to affect the national economy by "[ o ]ffering economic 
convenience and agility," "spurring economic initiatives on behalf of the United States," and 
"[p ]rioritizing the domestic job market." 
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 expand his two companies and to offer real estate 
development and investment services to future clients, 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 Dhana sar we determined that the petitioner 's teaching activities did not rise 
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to the level of having national importance because they would not impact his field more broadly. Id. 
at 893. Here, we conclude the record does not show that the Petitioner's proposed endeavor stands to 
sufficiently extend beyond his compani es, busine ss partnership s, and clientele to impact his field or 
the U.S . real estate industry 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 two companie s' future staffing levels 
and business activity stand to provide substantial economic benefits in Florida or the United States. 
While the sales forecasts forl I and.__ _________ ____, indicate that these 
companies have growth potential, they do not demonstrate that the benefits to the regional or national 
economy resulting from the Petitioner's projects would reach the level of "substantial positive economic 
effects" contemplated by Dhanasar. Id. at 890. In addition, although the Petitioner asserts thatl I I I and that I I will hire subcontractors, he has not offered sufficient 
evidence that the area where his companies will operate is economically depressed , that he would 
utilize a significant population of workers in that area, or that his endeavor would offer the region or 
its population a substantial economic benefit through employment levels or business activity. Nor has 
the Petitioner demonstrated that any increases in employment or investment attributable to his 
companies' operations stand to substantially affect economic activity or tax revenue in Florida or 
nationally . Accordingly , 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 conclude 
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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