dismissed EB-2 NIW Case: Finance

U.S. Citizenship 
and Immigration 
Services 
In Re: 11894698 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JUNE 9, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a chief financial officer, 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 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. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
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. ... the 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 a 
matter of discretion, 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 
sufficiently urgent to warrant 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 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
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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. 2 
II. ANALYSIS 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree. Although the Director found substantial merit in the proposed endeavor in the field of finance, 
the Director concluded that the record does not establish that the Beneficiary's endeavor has national 
importance. The Director also concluded the record did not satisfy the third Dhanasar prong. For the 
reasons discussed below, the Petitioner has not established that a waiver of the requirement of a job 
offer is warranted. 
The Petitioner initially described the endeavor as "[ determining] and formulat[ing] policies and 
provid[ing] overall direction of companies or private and public sector organizations within 
guidelines." In response to the Director's request for evidence, the Petitioner elaborated that the 
"overall proposed endeavor in the United States is to offer my expertise to help U.S. companies of all 
sizes achieve financial health and experience growth, realizing their foll potential. I will do this by 
developing and implementing financial plans, creating opportunities for growth, and developing and 
implementing projects to realize that growth." The Petitioner did not specify a particular entity in 
which she would pursue the proposed endeavor; instead, the Petitioner generally stated an "inten[t] to 
continue my career in the United States as a [c]hief [f]inancial [o ]fficer, for any company that requires 
my specialized expertise and knowledge." 3 
In the decision, the Director concluded the record does not establish that the proposed endeavor has 
national importance, observing that "[t]here is no evidence that the 'ecosystem' of the United States 
financial sector will be affected by the [Petitioner's] employment or lack thereof." 
In determining national importance, the relevant question is not the importance of the industry, field, 
or profession in which an individual will work; instead, to assess national importance, we focus on the 
"specific endeavor that the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 
889. Dhanasar provided examples of endeavors that may have national importance, as required by 
the first prong, having "national or even global implications within a particular field, such as those 
resulting from certain improved manufacturing processes or medical advances" and endeavors that 
have broader implications, such as "significant potential to employ U.S. workers or has other 
substantial positive economic effects, particularly in an economically depressed area." Id. at 889-90. 
On appeal, the Petitioner summarizes responsibilities and capabilities required by chief financial 
officers in general. The Petitioner also discusses a sample of companies that have addressed a lack of 
diversity among chief financial officers as a cohort. The Petitioner asserts that chief financial officers 
have access to data because of technological advances, and they use that data to develop business plans 
and policies. The Petitioner specifically states that "[b ]ased on all the facts shown [ on appeal], ... 
USCIS made an erroneous decision when it denied [the petition] on the fact that 'there is no evidence 
that the ecosystem of the United States financial sector will be affected by the [Petitioner's] 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 Although we do not discuss each document in the record for brevity, we have reviewed the record in its entirety. 
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employment or lack thereof' and that 'the [Petitioner's] financial officer activities are unlikely to offer 
benefits that extend beyond her immediate employer to impact the field of finance broadly."' 
Contrary to the Petitioner's statement, the information provided on appeal does not discuss the 
Petitioner specifically or her proposed endeavor; therefore, it does not address whether the Director 
erroneously concluded that the record does not establish whether the proposed endeavor will affect 
the United States financial sector or offer benefits that extend beyond her immediate employer. 
The generalized proposal to determine and formulate policies and provide "overall direction" of an 
entity does not establish how the endeavor would have broader implications in terms of significant 
potential to employ U.S. workers or have substantial positive economic effects, beyond the Petitioner's 
unspecified employer, as contemplated by the first Dhanasar prong. See Dhanasar, 26 I&N Dec. at 
889. Petitioners bear the burden of articulating how they satisfy eligibility criteria. See section 291 
of the Act, 8 U.S.C. § 1361. Similarly, describing the endeavor as "developing and implementing 
financial plans, creating opportunities for growth, and developing and implementing projects to realize 
that growth" does not establish how the plans and projects would create growth, the nature of that 
growth, whether that growth would be substantial, and whether the growth would have broader 
implications rising to the level of national importance, beyond simply benefitting the Petitioner's 
potential employer. See Dhanasar, 26 I&N Dec. at 889. Moreover, the Petitioner's focus on appeal 
on chief financial officers in general, and certain companies' hiring choices for their respective chief 
financial officers, does not pertain to the specific proposed endeavor, nor does it establish how 
performance of the proposed endeavor would have broader implications, rising to the level of national 
importance as contemplated by Dhanasar. See id. 
In summation, the Petitioner has not established that the proposed endeavor has national importance, 
as required by the first Dhanasar prong, and therefore is not eligible for a national interest waiver. 
We reserve our opinion regarding whether the record satisfies the second or third Dhanasar prong. 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we 
conclude that the Petitioner has not established eligibility for, or otherwise merits, a national interest 
waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
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