dismissed EB-2 NIW Case: Finance

U.S. Citizenship 
and Immigration 
Services 
In Re : 17929610 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 26, 2021 
Form I-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a financial analyst, 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 Directorofthe Nebraska Service Center denied the petition, concluding that the Petitioner 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 of job 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 te1m "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 Dhanasarstates 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 ofa 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 ce1iification. In perf01ming 
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 too btain 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 wanant forgoing the labor certification process. In each case, the factor(s) 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 I&NDec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 See also Poursina v. USCJS, No. 1 7-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USC IS' decision to grant or 
deny a nationalinterestwaiverto be discretionaiy in nature). 
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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 
Although not addressed in the Director's decision, the record contains evidence showing that the 
Petitioner received a bachelor's degree in mechanical engineering followed by a degree as "Executive 
MBA in Finances," a certificate showing the completion of a "Specialization Course in Business 
Administration," and at least five years of progressive work experience in the field of finance, thereby 
demonstrating eligibility forthe EB-2 visa classification. Therefore, the issue to be determined is whether 
the Petitioner has established that a waiver of the requirement of a job off er, 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 impmiance 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 stated that he intends to 
use his "expertise and knowledge in the fields of risk analysis, credit analysis, trade finance, operations 
and debt restructuring, andmanagementof clientpmtfolios" forthepurpose of"providing [] expe1iadvice 
to U.S. companies, financial institutions, startups and private individuals." The Petitioner claimed that 
his proposed endeavor will impact the United States because it will create investment opportunities that 
will enable "cross-border transactions" between the United States and Latin America, create jobs in the 
United States, attract foreign direct investment (FDI), and help clients make investment decisions that 
will increase their financial gains. The Petitioner stated that by increasing business revenues through his 
proposed endeavor, he will "boostthe flow of moneythroughoutthe United States" and encourage foreign 
investments while helping U.S. companies and investors "navigate the complex Brazilian market," which 
the Petitioner described as having "the eighth largest economy in the world." 
The record includes letters of support from the Petitioner's former colleagues documenting his work 
experience and professional achievements in the various positions he held in Brazil. Also included in 
the record are letters from the Petitioner's current business associates describing the work he intends 
to perform and steps he has taken to ensure the success of his proposed endeavor. In addition, the 
Petitioner provided articles and industry reports addressing the following topics: the benefits and 
growing rate of FDI in the United States, the significance of international trade and investment to the 
U.S. economy, the benefits of FD I to U.S. workers, the rising demand for financial planning services, 
and an overview and projections regarding the banking industry. The record therefore shows that the 
Petitioner's proposed work as a financial analyst has substantial merit. 
However, in determining national importance, the relevant question is not the importance of the field, 
industry, or profession in which the individual will work; rather, the focus is 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 
acknowledged that "[a]n unde1iaking may have national impmiance for example, because it has 
national or even global implications within a paiiicular 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, 
3 SccDhanasar, 26l&NDec. at 888-91, for elaboration onthesethreeprongs. 
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particularly in an economically depressed area , for instance , may well be understood to have national 
importance." Id. at 890. 
In the matter at hand , the Petitioner identified potential benefits of his proposed endeavor, claiming that 
it will "optimize the productivity and profitability levels of the U.S. business and financial markets" and 
"substantially increase revenues on behalf of the U.S. economy" thus enabling greater access to funds 
and increasingjobs in the U.S. job market. The Petitioner highlighted the economic benefits of the 
international companies operating in the United States and discussed the consulting company he started 
since filing this petition. He stated that the company is a "specialized international finance advisory finn" 
that will target family-owned businesses and private equity clientele whom the Petitioner will assist with 
business expansion and acquisition of international assets . The Petitioner further stated that his proposed 
endeavor will promote "a strong relationship" between FDI and the U.S. economy and job market, 
pointing to the four employees- one in New York and three in Florida- he has contracted so far and 
projecting three additional "collaborators " in the following year. The Petitioner anticipated that the 
benefits from the investments his clients will make "throughout the United States" will not be limited to 
Florida , where the Petitioner and his business are located, but rather that they will have a broader effect 
on a national scale. 
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 offer investment services to individual and corpo rate 
clients , he has not offe red evidence to demon strate that the pro spective impact of his propo sed 
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 8 93. Here, we conclude that the record does not show that the 
Petitioner ' s proposed endeavor stand s to suffi ciently extend beyond his clientele to impact the U.S. 
economy or the financial services industry more broadly at a level that is commensurate with national 
importance. 
On appeal , thePetitionerpointsoutthathe is currentlyworkingonprojectsthatwill involve a "significant 
amount of foreign directinvestments"andmaintains that his wotk will benefitthe U.S. economy and lead 
to the creation ofU.S.jobs. He reiterates that although his company headquarters is in Florida, his clients 
will engage in investment activities throughout the United States, thus reaching beyond a single 
geographic location and resulting in a broader impact. The Petitioner once again emphasizes the 
importance of FD I to economic growth, wealth creation, and standard ofliving, claiming that his proposed 
endeavor is highly focused on securing FDI throughout the United States. 
Notwithstanding the benefits of the Petitioner's endeavor to his clients and employees he hired and 
plans to hire , the Petitioner has not demonstrated that the endeavor has significant potential to employ 
U.S. workers or that the cumulative effect of the Petitioner's activities will be so substantial that it 
rises to the level of national importance. Despite hiring four employees thus far and projecting that 
additio nal hires will take plac e in the futu re, the Petitione r has not shown that his propos ed endeavor 
will impact future staffing levels or business activity to result in substantial economic benefits in 
Florida , where the Petitioner plans to carry out his proposed endeavor , or in the United States. And 
although the Petitioner's endeavor has the potential to positively impact his clients' respective financial 
positions through the consulting services he provides and plans to provide , the Petitioner has not 
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demonstrated that his activities will benefit the regional or national economy and result in the level of 
"substantial positive economic effects" as contemplated by Dhanasar. Id. at 890. In addition , the 
Petitioner has not offered sufficient evidence that the area where his company 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 proposed endeavor stand to substantially affect economic 
activity or tax revenue in Florida or in the United States. Accordingly , the Petitioner 's proposed work 
does not meet the first prong of the Dhanasar framework. 
Becau se the documentation in the record does not establish the national importance of his proposed 
endeavor as required by the first prong of the Dhana sar 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 inDhanas ar, therefore, would serve no meaningful purpose. 
III. CONCLUSION 
As the Petitioner has not met the requisite firstprong of theDhana sar 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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