dismissed EB-2 NIW Case: Finance

U.S. Citizenship 
and Immigration 
Services 
In Re: 6599777 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 14, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a fmancial specialist, seeks second preference immigrant classification as a member of 
the professions holding an advanced degree and as an individual of exceptional ability, 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 Nebraska Service Center denied the petition, concluding that the Petitioner did not 
qualify for classification as a member of the professions holding an advanced degree or as an 
individual of exceptional ability, and that he had not 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 additional documentation and a brief asserting that he is eligible for 
EB-2 classification and 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 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. 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. 
The regulation at 8 C.F.R. § 204.5(k)(2) contains the following relevant definition: 
Advanced degree means any United States academic or professional degree or a foreign 
equivalent degree above that of baccalaureate. A United States baccalaureate degree 
or a foreign equivalent degree followed by at least five years of progressive experience 
in the specialty shall be considered the equivalent of a master's degree. If a doctoral 
degree is customarily required by the specialty, the alien must have a United States 
doctorate or a foreign equivalent degree. 
Furthermore, 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, 
1 In announcing this new rramework. 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). 
2 
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 
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 
A. Member of the Professions Holding an Advanced Degree 
In order to show that a petitioner holds a qualifying advanced degree, the petition must be accompanied 
by "[ a ]n official academic record showing that the alien has a United States advanced degree or a 
foreign equivalent degree." 8 C.F.R. § 204.5(k)(3)(i)(A). Alternatively, a petitioner may present "[a]n 
official academic record showing that the alien has a United States baccalaureate degree or a foreign 
equivalent degree, and evidence in the form of letters from current or former employer(s) showing that 
the alien has at least five years of progressive post-baccalaureate experience in the specialty." 8 C.F.R. 
§ 204.5(k)(3)(i)(B). 
The Petitioner presented his Bachelor of Economics degree (February 2008) from thel I 
I land an academic credentials evaluation indicating that the aforementioned 
degree is the foreign "equivalent of a four-year Bachelor of Arts Degree in Economics from an accredited 
college or university in the United States." In addition, he submitted a Jul] 2017 letter from I 
Chief Financial Officer (CFO) ofl I in I _ and former CFO ofl I I I in I I I I stated that the Petitioner worked for him at I I I las a financial analyst from 2008 until 2013, and atl las a financial specialist 
from February 2016 until the petition's filing date.4 The record also includes a November 2015 letter 
from.__ __________ __. indicating that the Petitioner was employed as financial controller 
beginning in June 2013. We find that the aforementioned letters offer sufficient information to 
demonstrate that the Petitioner has at least five years of progressive post-baccalaureate experience in 
finance to constitute the equivalent to an advanced degree in that specialty. See 8 C.F.R. § 204.5(k)(2) 
3 See Dhanasar, 26 T&N Dec. at 888-91, for elaboration on these three prongs. 
4 1 I further noted thatl I was acquired b~~~----~!in 2012. 
3 
and 8 C.F.R. § 204.5(k)(3)(i)(B). Accordingly, the Petitoner has established that he qualifies for 
classification as a member of the professions holding an advanced degree. 5 
B. National Interest Waiver 
The remaining issue is whether the Petitioner has established that a waiver of the requirement of a job 
offer, and thus a labor certification, is in the national interest. For the reasons discussed below, we find 
the Petitioner has not demonstrated eligibility for a national interest waiver under the analytical 
framework set forth in Dhanasar. 
Regarding the Petitioner's claim of eligibility under Dhanasar' s first prong, he stated that his "proposed 
endeavor is to continue to facilitate the transfer of millions of dollars of 'clean' investment funds from 
legitimate sources in Eastern Europe and Baltic States for investment into real estate developments in 
I land other major U.S. cities experiencing housing shortaqes." The Petitioner further explained 
that his proposed undertaking involves vetting "funds obtained from!._ ___ ___,~nd other Eastern European 
countries for investment into U.S. ventures, ensuring compliance with [the Foreign Account Tax 
Compliance Act (FATCA)] and the May 2015 Agreement about FATCA." He also asserted that these 
funds "serve as essential 'key money' for much-needed residential real estate development inl I 
Oand other U.S. cities, as well as the cornerstone upon which [the Petitioner] structures presentations 
to banks to obtain the remainder of the financing for development projects, putting the full 'financial 
package' together that facilitates the building of real estate projects." Furthermore, the Petitioner 
indicated that "in addition to creating new housing, new jobs are created in engineering, architecture, 
construction and related industries, and the funds for these developments add 'new' money to our 
economy, increasing [U.S. gross domestic product]." 
The record includes information about FATCA from the U.S. Department of the Treasury, and 
documentation and articles relating to the "Agreement between the United States of America and 
I I to Improve International Tax Compliance and to Implement F ATCA." Additionally, the 
Petitioner submitted a "Summary ofF ATCA Reporting for U.S. Taxpayers" and "F ATCA Information 
for Foreign Financial Institutions and Entities" from the Internal Revenue Service. The record also 
contains a report from the U.S. Department of State indicating thatl I is vulnerable to financial 
crimes such as money laundering, an article in Real Deal (a New York real estate news publication) 
about Brooklyn developers' inability to keep up with housing demand for condominiums, and 
information from the I l's website discussing the city's demand for affordable housing. 
The record therefore shows that the Petitioner's endeavor 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. 
5 Because the Petitioner qualifies for the underlying visa classification as a member of the professions holding an advanced 
degree, discussion of his eligibility as an individual of exceptional ability would serve no meaningful purpose. 
4 
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. 
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 provide valuable financial services for his employer and 
its 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 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 company and its 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. 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 projects would reach the level of "substantial 
positive economic effects" contemplated by Dhanasar. Id. at 890. 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 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. 
5