dismissed EB-2 NIW Case: Finance

U.S. Citizenship 
and Immigration 
Services 
In Re: 9018229 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: DEC. 22, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a financial manager, 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 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 additional documentation and a brief asserting that she 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 term "national interest," we set forth 
a framework for adjudicating national interest waiver petitions in the precedent decision Matter of 
Dhanasar, 26 l&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 discretion2, 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. USCIS, 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 record demonstrates 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 her proposed endeavor under the first prong of the Dhanasar 
analytical framework. 
Regarding her claim of eligibility under Dhanasar's first prong, the Petitioner stated that she intends to 
continue to work as a financial manager. She indicated that her responsibilities include maintaining 
financial records, overseeing audits, managing the finance team, and communicating financial status 
reports to key players. The Petitioner further explained that her proposed endeavor involves "raising or 
acquiring funds ... in the most economical way, utilizing those funds as profitably as possible, ... 
planning the future investment of those funds, and controlling the current performance plus future 
development by adopting budgeting, cost accounting , and financial accounting." The record contains an 
October 2018 job offer froml I a private security company, offering her "the 
position of Finance Manager."4 
In response to the Director's request for evidence (RFE), the Petitioner presented an August 2019 letter 
from I I president of,___ ________ ___, stating that the Petitioner's 
position involves supporting "senior management in managing operations against budget plus strategic 
goals on a daily, monthly, annual basis, and assist[ing] in developing as well as monitoring internal 
policies and procedures' control. Also, you could help management in making financial decisions and 
analyz[ing] working capital." 
The Petitioner's response to the RFE also indicated that she seeks to play "a dynamic role in a modern 
company's development" and "to contribute to the fortunes of the firm and to the optimal growth of the 
economy as a whole." She explained that her proposed endeavor is aimed at "distilling complex financial 
data into clear, concise, and actionable reports that support executive decision making." The Petitioner 
also asserted that she plans to take on "the unique responsibility of managing assets and analyzing risks 
to ensure the future success of the company or organization." 
3 See Dhanasar, 26 l&N Dec. at 888-91, for elaboration on these three prongs. 
4 This letter listed the Petitioner's job duties as making accounting journal entries for financial transactions, keeping track 
of income and expenditures, creating financial transactions and posting information to accounting journals or software, 
performing general accounting duties, managing preparation and publication of company financial documents, and 
collaborating with management on development and execution of funding strategies. Additionally, the letter stated that 
her duties involve producing financial reports; developing long-term business plans; reviewing, monitoring, and managing 
budgets; helping management make financial decisions; and analyzing working capital to anticipate future cash flow 
problems. As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for her to have a job 
offer from a specific employer. However, we will consider information about her position to illustrate the capacity in 
which she intends to work in order to determine whether her proposed endeavor meets the requirements of the Dhanasar 
analytical framework. 
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In addition, the Petitioner stated: "Combining key strengths in relationship building, product/service 
representation, and sales leadership, I am now seeking the opportunity to utilize my experience in 
developing profitable relationships within a company in this country as their finance manager." She 
further indicated that her proposed "services will include preparing the following: financial statements, 
income statements, balance sheet, [and] cash flow statement. Also, will include the financial plan, 
sensitivity analysis, and ratio analysis." 
In denying the petition, the Director concluded that the Petitioner had not demonstrated the national 
importance of her particular proposed endeavor. The Director indicated that the Petitioner's evidence did 
not show that her proposed work as finance manager for a private security company stands to have broader 
implications in her field, significant potential to employ U.S. workers, or substantial positive economic 
effects at a level indicative of national importance. 
In her appeal brief, the Petitioner maintains that as a finance manager, her proposed work has national 
importance because it is beneficial to the U.S. economy and "will continue to create an economic impact." 
She asserts that her undertaking involves "opening new jobs and growth to small [and] medium 
companies." In addition, the Petitioner contends that a "large firm in the U.S. ha[s] taken particular 
interest to offer employment for the reason that this U.S. organization were impressed on [sic] Petitioner's 
innovative strategy and unique skills in terms of finance." 
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 l&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. 
To evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement 
we look to evidence documenting the "potential prospective impact" of her work. Although the 
Petitioner's statements reflect her intention to provide valuable financial management services for her 
U.S. employer and future clients, she has not offered sufficient information and evidence to 
demonstrate that the prospective impact of her 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 conclude the record does not show that the Petitioner's proposed endeavor stands to 
sufficiently extend beyond her employer and future clientele to impact the fi nancial management field 
or U.S. economy more broadly at a level commensurate with national importance. 
Furthermore, the Petitioner has not demonstrated that the specific endeavor she 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 her future work, the record does not show that benefits to the U.S. 
regional or national economy resulting from the Petitioner's financial management projects would reach 
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the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. Accordingly, 
the Petitioner's proposed work does not meet the fir st prong of the Dhanasar framework. 
Because the documentation in the record does not establish the national importance of her 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 her eligibility under the second 
and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose. 
111. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we conclude 
that she has not established she 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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