dismissed EB-2 NIW Case: Finance

U.S. Citizenship 
and Immigration 
Services 
MATTER OF J-B-G-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 16, 2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a financial administrator, 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). After the petitioner has established eligibility for 
EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of 
discretion, grant a national interest waiver if the petitioner demonstrates: (l) 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. Matter ofDhanasar, 26 I&N Dec. 884 (AAO 2016). 
The Director of the Nebraska Service Center denied the Form I-140, Immigrant Petition for Alien 
Worker, finding that the Petitioner qualified for classification as a member of the professions 
holding an advanced degree, but that she 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. In December 2016, we issued a request for evidence (RFE) asking the Petitioner to provide 
evidence satisfying the three-part framework set forth in Dhanasar. 
In support of her appeal, the Petitioner submits additional documentation and argues that she is 
eligible for a national interest waiver based on the demand for financial and accounting services in 
her region, as well as her "strong foundation and past record of success in financial administration." 
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 bqsiness. 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. 
Matter of J-B-G-
Section 203(b) ofthe Act sets out this sequential framework: 
(2) Aliens who are members of the professions holding advanced degrees or aliens of 
except~onal 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 of job ofier-
(i) National interest waiver. ... the 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 recently 
set forth a new framework for adjudicating national interest waiver petitions. See Dhanasar, 26 I&N 
Dec. 884.1 Dhanasar clarifies that, after EB-2 eligibility as an advanced degree professional or 
individual of exceptional ability has been established, USCIS may grant a national interest waiver if 
the petitioner demonstrates by a preponderance of the evidence: (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. If these 
three elements are satisfied, USCIS may approve the national interest waiver as a matter of 
discretion. 
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 impotiance, we consider its potential 
prospective impact. 
The second prong shifts the focus from the proposed endeavor to the foreign n:ational. 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 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm 'r 1998) (NYSDOT). 
2 
(b)(6)
Matter of J-B-G-
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 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.2 
II. ANALYSIS 
The Petitioner holds the foreign equivalent of a U.S. baccalaureate degree in business administration, 
and has progressive post-baccalaureate experience in that specialty equivalent to an advanced degree 
under the regulation at 8 C.F.R. § 204.5(k)(3)(i)(B). Accordingly, the Director determined that the 
Petitioner qualified for classification as a member of the professions holding an advanced degree. 
The sole 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. 
The Petitioner intends to work as a self-employed business consultant offering financial administration 
services to clients. In a June 2015 letter accompanying the petition, she stated: "I will make an effort to 
start a small financial administration service to help businesses that operate nationwide manage their 
finances and maintain financial controls, improve profitability, increase income and grow." On appeal, 
she contends that she would "make significant contributions to strengthening the United States' 
economy because small businesses are the engines of job creation." The Petitioner notes that she 
"registered a small business in California as 1 
and that her sole proprietorship "is expected to create job opportunities in the United States." She 
further indicates that "[a )s growth warrants, additional staffing assistance and a bigger office location is 
expected." According to the Petitioner's 2015 business plan, the company "will require a stati 
of [three) employees and currently there is one: the Owner and General Manager. By the end of 
2015, expects to have a receptionist and administrative assistant hired as part of the 
staff." 
A. Substantial Merit and National Importance of the Proposed Endeavor 
The Petitioner proposes to otTer financial administration services through 
self-employed workers, home-based businesses, and individuals m 
2 
See Dhanasar, 26 I&N Dec. at 888-9 I, for elaboration on these three prongs. 
3 
to small businesses, 
California. She 
(b)(6)
Matter of J-B-G-
explains that "[g]eneral ledger, accounts payable and receivable, payroll, billing and collections, filing 
of Federal, State, and local forms, and tax preparation services are necessary to each corporate entity, 
business, and individual operating here in the U.S." In addition, the Petitioner indicates that 
"[s]uccessful companies with [a] good financial administration system have better control over their 
cash flow and understand their financial stability." We find that the Petitioner's proposed work, which 
offers economic benefits to her clients through accounting and bookkeeping services, has substantial 
merit. 
The record, however, does not demonstrate that the Petitioner's proposed endeavor is of national 
importance. In our RFE, we asked the Petitioner to submit further evidence documenting the 
"potential prospective impact" of business operations. With respect to creating employment 
opportunities, her response reiterates information contained in business plan stating: "By the 
end of year [one], expects to have a receptionist and an Administrative Assistant." The 
business plan's five-year hiring projection reflects a total of five employees and it notes that 
contractors will provide advertising and marketing services, but we do not find that this level of 
hiring is sufficient to d~monstrate the national importance of her endeavor. 
In addition, the Petitioner discusses the general business climate both in the area 
specifically, and in the state of California. She offers information about California's major 
industries, population, workforce, gross domestic product, trade, and tourism. The Petitioner 
contends that "new business growth happening daily in California, and its immediate 
neighboring cities provide more than a ·sufficient market to allow a decent opportunity to take 
a share of the market." She explains that her company will focus on "self-employed, home based 
businesses, and small' businesses in all sectors of industry." The Petitioner further states that 
will serve "seasonal residents who need someone to look after their accounts while they are away or 
busy senior/elderly who need someone to help them keep their financial affairs in order." Although 
the Petitioner's business plan and statements reflect her intentions to provide a valuable service to 
prospective clients, she has not offered sufficient evidence to demonstrate that her proposed 
endeavor is of national importance. 
The record does not show that the Petitioner's company has significant potential to employ U.S. 
workers or that it otherwise offers substantial positive economic effects for the nation. Performing 
financial services for particular pool of customers does not demonstrate an impact that 
extends beyond those customers, such as by having broader implications for her field.3 Accordingly, 
the Petitioner has not met the first prong of the Dhanasar framework. 
B. Well Positioned to Advance the Proposed Endeavor 
Regarding the second prong of Dhanasar, our RFE requested the Petitioner to submit documentation of 
any progress towards achieving the goals outlined in the "Objectives" and "Financial Forecast 
3 
Similarly, 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. !d. at 893. 
4 
(b)(6)
Matter of.J-B-G-
Projections" sections of business plan. In addition, we asked her to "provide updated 
information and supporting evidence regarding the company's current staffing and compensation as 
well as any updated plans or projections for future growth and hiring." 
In response, the Petitioner contends that ' is on its way to operate fully, pending the approval of 
my permanent residence" and that "[t]he goals outlined in the 'Objectives' and 'Financial Forecast 
Projections' sections of business plan is [sic l soon to be achieved," but she did not offer 
business records or financial statements documenting her company's progress in achieving those 
goals. For instance, although the business plan projected income for services rendered of $230,000 
in 2015 and $264,500 in 2016, the Petitioner's response did not include evidence showing 
earnings for those two years. Furthermore, she did not provide documentation indicating that 
has hired or compensated any additional employees (such as the receptionist and administrative 
assistant specifically mentioned in the company's business plan). 
As evidence of her prior experience running a financial administration service, the Petitioner 
previously offered documentation reflecting that she was the owner and manager of 
Her documentation included Business Tax Renewal Forms for 2008 -
2011; three bank statements dated April 2008, April 2009, and August 201 0; marketing material (a 
bookmark, two letters mailed to prospective clients, and a business card); invoices for 
services rendered by the company in 2008; and invoices for the company's purchases. Our RFE 
asked her to provide tax return transcripts from the Internal Revenue Service (IRS) showing 
income from 2008- 2011 and records from the IRS or Social Security Administration reflecting the 
number of employees compensated by during each year. The Petitioner's response included 
IRS forms Schedule C, Profit or Loss from Business, for 2008 - 2011. The forms indicated: 
Gross income Net profit or (loss) 
2008 $15,389 $(1,299) 
2009 $13,726 $8,480 
2010 $32,425 $15,354 
2011 $7,680 $2,240 
We also requested the Petitioner to submit any other documentary evidence showing her record of 
success in founding and operating a company that created job opportunities in the United States. 
Her response, however, did not contain documentation of staffing levels, or reflect business 
income or net profit that is consistent with a track record of fostering significant job creation. 
As further evidence under the second prong of Dhanasar, the Petitioner points to her experience at the 
( 1981 - 2006) and (20 11 - 2013) to demonstrate her 
skills, knowledge, and record of success in the field of financial administration. Her appellate 
submission includes letters of support from two former managers at the 
discussing her work under their supervision. For example, previously chief of 
computer services at the stated: 
5 
(b)(6)
Matter o.f.J-B-G-
[The Petitioner] participated in identifying, cataloging, and assigning values to all the 
Bank's computer and data communications assets and helped set up the Computer Asset 
Management system to monitor them. She helped develop criteria for both long-range 
and annual planning and used the data to prepare capital and expense budgets. In 
addition, she participated in all departmental budget-related and disbursement activities 
including procurement of goods and services, billings for payment, and hiring IT 
[information technology] contractors. 
Similarly, former director of the Office of Information Systems and Technology (OIST) 
at the discussed the Petitioner's budgetary support responsibilities for his 
office. noted that the Petitioner "has an extensive experience, spanning over 16 years, in the 
area of budget management and control, and as a result, has acquired an in-depth knowledge in 
practically all functional aspects pertaining to the budget fommlation, execution, and subsequent 
monitoring and control." While the letters indicate that theBeneficiary has demonstrated skills and 
knowledge in budget planning and administration for IT resources, the statements do not sufficiently 
demonstrate that she is well positioned to advance her proposed endeavor as the owner of a small 
business that offers financial administration and consultancy services to clients. 
Lastly, the Petitioner provides information about her work as a pension plan administrator with 
She submits her client list and screenshots of webpages 
containing their company profiles and contact information. The Petitioner contends 
that her "significant 
contribution in the field involved completing rigorous nondiscrimination tests requirements with 
California State Rules and Federal Guidelines." The record dQes not support the Petitioner's contention 
regarding the significance of this work, and she has not shown how this experience otherwise renders 
her well positioned to advance her proposed endeavor. 
The record does not reflect significant interest from potential customers, users, investors, or other 
relevant entities or individuals in the Petitioner's business. Nor does the evidence show that the 
Petitioner's track record of running a business, her level of expertise in providing financial 
administration services to clients, business plan for future activities, and progress towards achieving 
her company's goals render her well positioned to advance the proposed endeavor. For these 
reasons, she has not established that she satisfies the second prong of the Dhanasar framework. 
C. Balancing Factors to Determine Waiver's Benefit to the United States 
We acknowledge that the nature of the Petitioner's proposed endeavor as a self-employed business 
owner likely makes it impractical for her to secure a job offer from a U.S. employer or to obtain a labor 
certification. The Petitioner, however, has not shown that she presents a significant benefit to the 
United States through her endeavor or that she would serve an urgent national interest. The record does 
not indicate that the Petitioner offers contributions of such value 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 
Petitioner therefore has not established that she meets the third prong of the Dhanasar framework. 
6 
Matter of J-B-G-
III. CONCLUSION 
As the Petitioner has not met the requisite three prongs set forth in the Dhanasar analytical framework, 
we find that she has not established eligibility for or otherwise merits a national interest waiver as a 
matter of discretion. 
ORDER: The appeal is dismissed. 
Cite as Matter of J-B-G-, ID# 100272 (AAO Mar. 16, 2017)