dismissed EB-2 NIW Case: Finance

U.S. Citizenship 
and Immigration 
Services 
In Re: 11091766 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 22, 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 Texas 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 asserts 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; Matter of Chawathe, 25 I&N Dec . 369, 375 (AAO 
2010). 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 
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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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 
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. 
In response to the Director's request for evidence, the Petitioner indicated that his "overall proposed 
endeavor" is as follows : 
[T]o offer [his] expertise to assist American companies in various sectors, that desire to expand 
and grow their businesses, and generate more clients. [He] will do so by remaining up to date on 
the most recent market trends within the banking and fmancial services industries, and advising 
U.S. businesses, organizations, and individuals on how to sustainably grow their :financial 
portfolios by developing carefully tailored investment strategies. [He] will apply [his] experience, 
including more than 10 years in the banking and fmancial services industries, to maximize the 
profitability of these institutions. Furthermore, [he] will continue to train managers and junior 
employees to pass on the skills that [he] has developed and the experience [he] has gained. 
Although the Petitioner's statements reflect his intention to provide valuable services for his future 
employers and their clients, for the reasons discussed below , we agree with the Director that the 
Petitioner has not sufficiently demonstrated the national importance of his proposed endeavor under 
the fust prong of the Dhanasar analytical framework. 4 
On appeal, the Petitioner argues, in part, that "his proposed endeavor is of national importance given the 
significant impact of the fmancial industry in the United States and globally" and relies on industry reports 
and articles to support his claim. In determining national importance, however, 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. 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. 
The Petitioner makes a number of general claims regarding the national importance of his proposed 
endeavor, such as "the economy gets stronger and more jobs are created" by the "investments he helps 
3 See Dhanasar , 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
4 While we may not discuss every document submitted, we have reviewed and considered each one. 
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bring into the country" and "[t]he benefits that he can generate advancing his proposed endeavor will 
positively impact, not only employers or potential clients, but also a significant amount of people and 
companies affected by the services provided in the financial industry." The record, however, does not 
include supporting information or evidence to support his claims regarding the potential economic 
impact attributable to his undertaking. 
Although the Petitioner's statements reflect his intention to continue to provide valuable financial 
services for his employer(s) and its clients, he has not offered sufficient infonnation and evidence to 
demonstrate that the prospective impact of the 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 employer(s) and/or their clients to impact either 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 endeavor 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 fust prong of the Dhanasar framework. 5 
Since this issue is dispositive of the Petitioner's appeal, we decline to reach and hereby reserve the 
appellate arguments regarding the remaining issues. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) 
("courts and agencies are not required to make findings on issues the decision of which is unnecessary 
to the results they reach"); see also Matter of L-A-C-, 26 l&N Dec. 516, 526 n. 7 (BIA 2015) ( declining 
to reach alternative issues on appeal where an applicant is otherwise ineligible) . 
III. CONCLUSION 
As the Petitioner has not met the requisite fust prong of the Dhanasar 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. 
5 We note that the Petitioner also points to his experience and expertise . The Petitioner 's knowledge , skills, and experience , 
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. 
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