dismissed EB-2 NIW Case: Finance

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: SEP. 25, 2023 In Re: 28467672 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a financial manager, seeks classification as a member of the professions holding an 
advanced degree. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. 
§ 1153(b )(2). The Petitioner also seeks a national interest waiver of the job offer requirement that is 
attached to this EB-2 immigrant classification. See section 203(b )(2)(B)(i) of the Act, 8 U.S.C. 
§ 1153(b )(2)(B)(i). U.S. Citizenship and Immigration Services (USCIS) may grant this discretionary 
waiver of the required job offer, and thus of a labor certification, when it is in the national interest to 
do so. 
The Director of the Nebraska Service Center denied the petition, concluding that although the 
Petitioner qualified for classification as a member of the professions holding an advanced degree, 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. Next, a 
petitioner must then demonstrate they merit a discretionary waiver of the job offer requirement "in the 
national interest." Section 203(b)(2)(B)(i) of the Act. Matter of Dhanasar, 26 l&N Dec. 884, 889 
(AAO 2016) provides that USCIS may, as matter of discretion, 1 grant a national interest waiver if the 
petitioner shows: 
1 See also Poursina v. USCIS, 936 F.3d 868 (9th Cir. 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 their proposed endeavor; and 
• On balance, waiving the job offer requirement would benefit the United States. 
II. ANALYSIS 
The Director concluded that the Petitioner qualifies as a member of the professions holding an 
advanced degree. Accordingly, the remaining issue to be determined on appeal 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. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
noncitizen proposes to undertake. See 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. In determining whether the proposed endeavor has national importance, we 
consider its potential prospective impact. 
In a professional plan and statement submitted with the petition, the Petitioner stated that he intends 
to use his "expertise and knowledge in the areas of finance, investment banking, and business by 
working as a Financial Professional in the United States." He farther stated: 
My proposed endeavor in the United States will be to open my own financial consulting 
company that will provide guidance to companies on financial strategy and business 
consulting, in order to formulate and implement strategies that increase profitability 
and boost the U.S. economy. 
My career plan in the U.S. is to open my own financial consulting firm, focused on 
providing business consulting and financial strategy services. My consulting firm will 
help U.S. companies to plan their finances with the most profitable purpose, having a 
better availability of liquidity, building FP&A models, and creating clear and 
sustainable growth. Through the company, I will be able to offer my services and those 
of other professionals in the areas of: 
• Company Valuation: The process of applying technical and financial criteria to 
estimate the economic value, or market value, of a company; 
• Business Plan/Model Development: creating short- and medium-term 
objectives that can serve as a better presentation for potential investors; 
• Financial Planning management: Financial Planning is a business management 
tool that seeks to optimize the company's resources; 
• Margin maximization: Through financial management, strategic financial 
objectives are established to achieve maximum profitability and net profit; 
• Cost control and price and definition: From the management of the financial 
planning to the cost planning and pricing strategy that will allow you to have 
2 
the best profitability for the company and that the customer perceives the price 
as a value; 
• Restructuring of liabilities: For companies that are in financial difficulties and 
need to improve their liquidity through the restructuring of liabilities. This 
service is based on the creation of a financial model that demonstrates the 
financial sector with the restructuring of liabilities with the best position for the 
company to meet its financial commitments. 
The Petitioner also claimed in his professional plan that his company expected to hire a total of four 
employees, and earn a total revenue of $648,000, by its fifth year of operations. In addition to his 
professional plan and statement, the Petitioner submitted copies of his academic credentials, an expert 
opinion letter, letters of recommendation, and industry articles and reports. 
The Director issued a request for evidence (RFE), noting that the record as initially constituted was 
insufficient to demonstrate that the proposed endeavor had national importance. The Director 
observed that the evidence ofrecord did not establish that the Petitioner's proposed endeavor "would 
translate into economic benefits for the United States," or that it would have potential prospect impact, 
significant potential to employ U.S. workers, or other substantial positive economic effects. As a 
result, the Director requested a detailed description of the Petitioner's proposed endeavor in order to 
evaluate his request for a national interest waiver under the Dhanasar framework. 
In response, the Petitioner submitted a definitive statement indicating his intent to work as the CEO 
and Head of Finance of his U.S. company,! lwhich he claimed will 
be based in Georgia and Florida and will offer financial advisory services to small and medium-sized 
businesses. He further stated: 
The company will provide financial advisory services to clients, mainly small and 
medium-sized businesses to boost revenues, maximize profits, and foster growth. The 
company will offer a set of services that will help companies to have greater scalability 
and profit generation, thus achieving a relevant position in the market and thriving in a 
competitive landscape. 
To create jobs in a profitable market, the company will hire several U.S. professionals. 
Through [the company], I will generate both direct and indirect jobs in the U.S., as well 
as drive revenues nationally. Within the financial sector, the company has a significant 
capacity to create a range ofjobs. In this context, the impact of my proposed endeavor 
is evident by generating a total of21 jobs in Year 5. 
The company will also help develop the different regions within which the company 
operates by formulating long-term partnerships with local and regional businesses. By 
doing so, I will help to stimulate internal and external investment, innovation, and 
financial growth in the U.S. My business will also contribute greatly to the overall U.S. 
economy in terms of sales taxes, levied in this case over revenues of $8 million, and 
income taxes, estimated at $590,000 in five years. 
3 
The Petitioner also submitted his company's business plan as well as additional recommendation 
letters, articles, and reports in support of his eligibility for a waiver of the job offer. 
In denying the petition, the Director determined that the Petitioner provided insufficient evidence to 
establish the proposed endeavor's national importance. The Director determined that the Petitioner 
had not shown that his proposed endeavor had significant potential to employ U.S. workers, would offer 
substantial positive economic effects for the United States, or that the benefits to the national economy 
resulting from the proposed endeavor would reach a level contemplated by the Dhanasar framework. 
On appeal, the Petitioner asserts that users "did not apply the proper standard of proof in this case, 
instead imposing a stricter standard, and erroneously applied the law to the detriment of the 
Appellant." The Petitioner also asserts, through counsel, that the Director disregarded the evidence 
submitted, and provides a brief emphasizing his qualifications as a financial manager and asserting 
that the evidence ofrecord establishes the national importance of the proposed endeavor. 
With respect to the standard of proof in this matter, a petitioner must establish that he meets each 
eligibility requirement of the benefit sought by a preponderance of the evidence. Matter ofChawathe, 
25 I& N Dec. at 375-76. In other words, a petitioner must show that what he claims is "more likely 
than not" or "probably" true. To determine whether a petitioner has met his burden under the 
preponderance standard, users considers not only the quantity, but also the quality (including 
relevance, probative value, and credibility) of the evidence. Id. at 376; Matter ofE-M-, 20 I&N Dec. 
77, 79-80 (eomm'r 1989). 
Preliminarily, we note that the Director's decision is silent on whether the proposed endeavor has 
substantial merit. Here, the Petitioner stated his intent to work as a financial manager and provide 
financial advisory services to small and medium-sized businesses in the United States. The Petitioner 
also supplemented the record with industry articles and reports pertaining to the value of financial 
consulting and planning on the U.S. economy. For these reasons, we conclude that the Petitioner's 
proposed endeavor 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. 
We agree with the Director that the Petitioner has not provided sufficient documentation or 
explanation concerning how his proposed endeavor has national importance. The Petitioner's business 
plan explains his intent to start a financial advisory services company in Georgia, expanding to Florida 
in three years. The business plan states that his new business will benefit the U.S. economy because 
his services will help companies have greater scalability and profit generation, which will allow them 
to boost revenues, maximize profits, and foster growth. Further, the business plan projects hiring 21 
4 
employees and earning revenue of $3.3 million in its fifth year of operation, as well as a total of 
approximately $3.2 million paid in wages over the course of that time period. 
However, the record does not sufficiently detail the basis for the company's financial and staffing 
projections, or adequately explain how these projections will be realized. The Petitioner also has not 
provided corroborating evidence, aside from claims in his business plan, that his company's future 
staffing levels and business activities stand to provide substantial economic benefits to underutilized 
areas of Georgia and Florida. Even if we were to assume everything the Petitioner claims will happen, 
the record lacks evidence showing that earning revenue of approximately $3 .3 million, creation of 21 
jobs, and paying wages in excess of $3.2 million by year five rises to the level of national importance. 
We further note that the projections contained in the business plan differ from the projections included 
in the Petitioner's professional plan and statement. Specifically, the Petitioner initially claimed that 
his proposed endeavor would generate four jobs and revenue of $648,000 by the end of its fifth year 
of operations, in contrast to the projections set forth in the business plan. No explanation for the 
discrepancies in these projections was provided. The Petitioner must resolve these discrepancies in 
the record with independent, objective evidence pointing to where the truth lies. Matter ofHo, 19 I&N 
Dec. 582, 591-92 (BIA 1988). 
The Petitioner claims on appeal that he demonstrated the national importance of his endeavor through 
previously submitted documentation of his expertise and experience in recommendation letters from 
colleagues and clients discussing his work experience and expertise as a financial manager. 2 However, 
these documents relate to the second prong of the Dhanasar framework, which "shifts the focus from 
the proposed endeavor to the foreign national." Dhanasar, 26 I&N Dec. at 890. The issue here is 
whether the specific endeavor that the Petitioner proposes to undertake has national importance under 
Dhanasar 's first prong. 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. Id. 
The Petitioner's resume and recommendation letters only address his past accomplishments as a 
financial manager and do not address the national importance of his endeavor's "potential prospective 
impact." While we acknowledge that the Petitioner provided valuable financial management services 
for his employers and clients in the past, the Petitioner has not offered sufficient information and 
evidence based on these recommendation letters to demonstrate the prospective impact of his proposed 
endeavor rising 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. 
In addition, these letters do not show that the Petitioner's proposed endeavor will substantially benefit 
U.S. business industries and the field of finance, as contemplated by Dhanasar: "[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. The evidence does not suggest that the Petitioner's financial management skills differ 
from or improve upon those already available and in use in the United States. 
2 While we do not discuss each piece of evidence individually, we have reviewed and considered each one. 
5 
The Petitioner also submitted an expert opm10n letter from an associate professor of business 
administration at I IUniversity. But the professor does not base his conclusion on the 
national importance of the Petitioner's specific endeavor. Although he recites the Petitioner's career 
history and accomplishments, and praises his success as a financial manager in Colombia, his findings 
stem from the significance of financial management services in relation to U.S. companies seeking to 
do business in Latin America. The record, however, does not demonstrate that the Petitioner's 
proposed endeavor includes collaborative works between U.S. companies and Latin America 
companies, or that he will actively targeting U.S. companies that do business, or plan to do business 
in Latin America. As a matter of discretion, we may use opinion statements submitted by the Petitioner 
as advisory. Matter o_f Caron Int'!, Inc., 19 I&N Dec. 791, 795 (Comm'r 1988). However, we will 
reject an opinion or give it less weight if it is not in accord with other information in the record or if it 
is in any way questionable. Id. We are ultimately responsible for making the final determination 
regarding an individual's eligibility for the benefit sought; the submission of expert opinion letters is 
not presumptive evidence of eligibility. Id. Here, the advisory opinion is of little probative value as 
it does not meaningfully address the details of the proposed endeavor and why it would have national 
importance. 
The Petitioner further claims national importance of his proposed endeavor based on industry reports 
and articles describing the valuable role that financial managers play in the success and viability of 
businesses. The record also includes information on the financial industry in the U.S. as well as the 
importance of foreign direct investment on U.S. businesses. We recognize the importance of the 
financial industry and related careers as well as the positive effects foreign investment can have in 
U.S. businesses. However, merely working in the field of financial management or starting a financial 
advisory services business is insufficient to establish the national importance of the proposed 
endeavor. 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 noted 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 industry reports and articles submitted do not discuss any projected U.S. 
economic impact or job creation specifically attributable to the Petitioner's proposed endeavor. The 
Petitioner does not demonstrate that his proposed endeavor extends beyond his future clients or 
employers 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 claimed depend 
on numerous factors and the Petitioner did not offer a sufficiently direct evidentiary tie between his 
financial management and advisory services and the claimed economic results. 
Because the documentation in the record does not sufficiently 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. Since the identified basis for denial is 
dispositive of the Petitioner's appeal, we decline to reach and hereby reserve the Petitioner's appellate 
arguments regarding his eligibility under Dhanasar 's second and third prongs. 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 o_fL-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). 
6 
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. 
7