dismissed EB-2 NIW Case: Finance

U.S. Citizenship 
and Immigration 
Services 
In Re: 12458495 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: WL. 8, 2021 
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 qualified 
for classification as a member of the professions holding an advanced degree, but that he 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 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. 
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, 
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. 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). 
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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 Director found 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. 
Regarding the Petitioner's claim of eligibility under Dhanasar' s first prong, he indicated that he "intends 
to advance his career as a Financial Manager, advising clients on financial investments, asset and wealth 
portfolios management, attracting foreign direct investors, identifying potential for global investment 
opportunities, and allocating capital that will substantially enhance cross-border activities for the U.S. 
economy and national interest." The Petitioner further stated that he will use the skills he has developed 
to advanced his proposed endeavor through implementing new strategies, procedures, and systems with 
the purpose of improving the knowledge and practice of financial and investment planning among my 
peers for the benefit of U.S. investors seeking to invest at home and abroad safely and effectively to 
maximize return on investment." The Petitioner provided a list of institutions seeking financial managers 
and their respective job postings for financial manager positions, noting that numerous opportunities were 
available for pursuit in his field in the United States. 
The Director determined that although the Petitioner's proposed endeavor has substantial merit, he 
had not sufficiently demonstrated the national importance of his proposed endeavor under the first 
prong of the Dhanasar analytical framework. In addition to the Petitioner's statements regarding his 
proposed endeavor, the record contains documentation discussing generally the U.S. financial market, 
and its economic importance both nationally and internationally. The Petitioner's proposed financial 
consulting services will offer economic benefits to his potential employer and clients, and thus we 
concur with the Director's determination that his proposed 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. 
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. For the reasons 
discussed below, we agree with the Director's determination that the Petitioner did not sufficiently 
demonstrate that his proposed endeavor has national importance. 
The Petitioner asserted that his proposed endeavor has national importance because "there is a high 
demand of professionals in my field." He provided numerous industry reports and articles discussing 
the financial industry and the relevance of the occupation of financial managers within that industry, 
3 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
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and relies on these documents to demonstrate that his proposed endeavor stands to benefit the U.S. 
economy. For example, he asserts on appeal that his "proposed work will serve U.S. interests and 
economic initiatives by enhancing the nation's financial landscape and consequently streamlining the 
business ecosystem." 
The Petitioner also asserts that his years of experience working in Brazil's financial sector, along with 
his educational background and financial consulting experience, qualifies him to provide valuable 
services to companies and individuals in the United States. His knowledge, skills, and experience in 
the field, however, are considerations under Dhanasar's second prong, which "shifts the focus from 
the proposed endeavor to the foreign national." Id. at 890. The issue here under the first prong is 
whether the Petitioner has demonstrated the national importance of his proposed work. 
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. The Petitioner 
provided documentation demonstrating the wide availability of financial manager positions for various 
companies and institutions in the United States, noting that such demand demonstrates the need for 
such individuals and thus the national importance of his endeavor. Although the Petitioner's 
statements reflect his intention to provide valuable financial services for his potential future 
employer(s) and their respective 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 immediate employer and clientele to impact his field or the nation 's fiscal condition 
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. 
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ORDER: The appeal is dismissed. 
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