dismissed EB-2 NIW Case: Financial Management

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JAN. 23, 2024 In Re: 29337719 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an entrepreneur in the field of financial management, seeks employment-based second 
preference (EB-2) immigrant classification as an advanced degree professional, 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 record did not 
establish that the Petitioner's proposed endeavor was of national importance and that, on balance, the 
record did not establish it was in the U.S. interest to waive the job offer requirement 1. The matter is 
now before us on appeal. 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). 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. 
An advanced degree is any United States academic or professional degree or a foreign equivalent 
degree above that of a bachelor's degree. A United States bachelor's degree or foreign equivalent 
degree followed by five years of progressive experience in the specialty is the equivalent of a master's 
degree. 8 C.F.R. § 204.5(k)(2). 
1 The Director found that the Petitioner qualified for EB-2 classification as an advanced degree professional, that the 
proposed endeavor had substantial merit, and that she was well positioned to advance the proposed endeavor. 
If a petitioner demonstrates eligibility for the underlying EB-2 classification, they must then establish 
that they merit a discretionary waiver of the job offer requirement "in the national interest." Section 
203(b )(2)(B)(i) of the Act. While neither the statute nor the pertinent regulations define the term 
"national interest," Matter ofDhanasar, 26 I&N Dec. 884, 889 (AAO 2016), provides the framework 
for adjudicating national interest waiver petitions. Dhanasar states that U.S. Citizenship and 
Immigration Services (USCIS) may, as matter of discretion 2, grant a national interest waiver if the 
petitioner demonstrates that: 
• The proposed endeavor has both substantial merit and national importance; 
• The individual is well-positioned to advance their proposed endeavor; and 
• On balance, waiving the job offer requirement would benefit the United States. 
II. ANALYSIS 
A. EB-2 Classification 
The Petitioner submitted documentation in support of her claim that she qualifies for the EB-2 
classification as a professional with an advanced degree. The Petitioner initially submitted her 
diploma, transcripts, letters documenting full-time experience, and an evaluation of education and 
work experience. The Director then issued a request for evidence (RFE) and stated that the letters 
documenting her experience did not include her roles and responsibilities and therefore did not 
establish five years of progressive experience. The Petitioner responded to the RFE and submitted 
further evidence of employment. The Director then stated she met the EB-2 classification as an 
advanced degree professional as she had the foreign equivalent to a bachelor's degree and five years 
of progressive experience. 
As stated above, a U.S. bachelor's degree or foreign equivalent degree followed by five years of 
progressive experience in the specialty is the equivalent of a master's degree and would therefore 
qualify as an advanced degree for the underlying EB-2 classification. 8 C.F.R. § 204.5(k)(2). The 
record shows that the Petitioner has a bacharela em ciencias contabeis from '----------' 
I I in Brazil. These educational documents are accompanied by transcripts and an 
evaluation of education and work experience. We conclude by a preponderance of the evidence the 
record shows that the Petitioner has earned the equivalent of a U.S. bachelor of science in accounting. 
However, the record does not show that this degree was followed by five years of progressive 
experience and therefore, the Petitioner does not meet the EB-2 classification as a professional with 
an advanced degree. The Petitioner received her bachelor's degree on March 14, 2018, and filed her 
petition on September 7, 2022; therefore, she could not have met the five years of progressive 
experience required. This is confirmed by the evaluation of education and work experience in the 
record, which states, "[i]t is my expert opinion that [the Petitioner], with a Bachelor's Degree in 
Accounting Sciences and 4 years of experience (emphasis added), has the equivalent of a U.S. 
Bachelor of Science in Accounting." The letter goes on to further assess the "[i]ndividual's 4 years of 
qual[fying professional experience" (emphasis added). We note that the Petitioner has many more 
years of experience in the financial field. However, at the time of filing, she did not have five years 
2 See also Poursina v. USC1S, 936 F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest 
waiver to be discretionary in nature). 
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of experience after earning her bachelor's degree; and therefore, does not meet the requirements for 
an advanced degree professional. A petitioner must establish eligibility for the benefit at the time the 
petition is filed. 8 C.F.R. § 103.2(b)(l). 
As the record does not establish by a preponderance of the evidence that the Petitioner is eligible for 
a national interest waiver as a matter of discretion, we will reserve the issue of the Petitioner's 
eligibility for the EB-2 classification including whether she qualifies as an individual of exceptional 
ability. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (stating that agencies are not required to make 
"purely advisory findings" on issues that are unnecessary to the ultimate decision); see also Matter of 
L-A-C-, 26 I&N Dec. 516, 526 n.7 (BIA 2015) (declining to reach alternative issues on appeal where 
the applicant did not otherwise meet their burden of proof). 
B. National Interest Waiver 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
individual 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. 
Dhanasar at 889. 
1. Substantial Merit 
The Petitioner proposes to create and operate a financial management company that will provide 
financial management consulting, financial advisory services, and finance training for small and 
medium-sized businesses in all regions of Florida. She provides statistics to show that there is a 
demand for the profession of financial management in the United States. She discusses the importance 
of small businesses to the U.S. economy, and the Biden Administration's priorities for the Small 
Business Administration in expanding counseling and training resources. She discusses the 
importance of experienced financial advisors during and after recessions for economic recovery. We 
conclude that the record shows the Petitioner's proposed endeavor has substantial merit. 
2. National Importance 
The Petitioner's first assertion as to why her proposed endeavor is of national importance, is that the 
Biden Administration has made the Small Business Administration as one of its budgeting priorities 
for 2024, and more specifically, in expanding counseling and training resources for small businesses. 
The Petitioner states that her proposed endeavor falls within this priority as her intent is to support 
small businesses through financial counseling and training. 
However, 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 specific endeavor 
that the foreign national proposes to undertake." Id. Although this shows that her proposed endeavor 
in supporting small businesses has merit, it does not further the claim of its national importance. This 
shows the Administration's focus on the small business industry, but not the national importance of 
her proposed endeavor. 
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The Petitioner states that there is a demand for the profession. She includes information showing an 
estimate of 71,300 vacancies in the field of financial management expected between 2021 to 2031, 
and that this is greater than the projection for the national average. In addition, the Petitioner shows 
that there is a projected growth of 23% in the field specifically in the state of Florida during the period 
2018 to 2028. As stated above, in determining whether a proposed endeavor has national importance, 
we consider its potential prospective impact. Dhanasar at 889. Although this shows prospective 
growth in the field, this does not show the proposed endeavor's prospective impact. Here, the record 
does not establish that her proposed endeavor stands to significantly impact the projected demand of 
the field as required by Dhanasar. 
The Petitioner next discusses the economic impact she believes her proposed endeavor will have. She 
states that, although her business will not be located in an economically depressed area, her business 
will benefit economically depressed areas in Florida. The business plan states the location of her 
company does not prevent her from serving other areas, since her work, "[ w ]ill be carried out through 
visits to the business establishments providing financial management consulting, advisory services 
and financial trainjng for professionals who wish to specialize in the area." Dhanasar held that 
national importance can be shown if a proposed endeavor has "significant potential to employ U.S. 
workers" or "other substantial positive economic effects, particularly in an economically depressed 
area." Id at 890. It is unclear from the Petitioner's brief or the business plan how the proposed 
endeavor will produce substantial positive economic effects in these economically depressed areas in 
Florida. Although she may be operating her business in Florida, and her business may eventually 
serve economically depressed areas, the record does not show the broader implications to the field of 
financial management, or substantial positive economic effects to the region the Petitioner will be 
servmg. 
Another potential economic impact the Petitioner presents is that her proposed endeavor will create 
direct and indirect jobs. She intends to employ eight direct employees in the first five years and 
following a formula for employment multipliers in the management, scientific, and technical 
consulting services industry, she projects her company will indirectly create even more jobs. Although 
the Petitioner states that her endeavor will be in this industry, the record does not explain how her 
specific proposed endeavor will create these jobs. For example, the business plan does not identify 
the types ofjobs that will be created by the Petitioner's proposed endeavor, the location of these jobs, 
the wages of these workers or other details to establish the proposed endeavor could have "significant 
potential to employ U.S. workers or other substantial positive economic effects" as Dhanasar requires. 
Id. 
In addition, the Petitioner states her knowledge of the Brazilian financial sector would be beneficial 
as she can provide an impact abroad, offering alternatives for investing corporate profit in Brazil. The 
expert opimon letter in the record explains that, "financial services and products help facilitate and 
finance the export of U.S. manufactured goods and agricultural products." The letter further says that 
the Umted States is Brazil's second largest export market whose primary products are, "[c]rude oil, 
aircraft, iron and steel, and machinery." It is unclear how the Petitioner's financial consulting 
company which will be targeting small and medium size businesses will be engaging in the Brazilian 
market and if so, how this offers substantial positive economic effects for the United States. 
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Finally, the Petitioner contends that her proposed endeavor will increase the well-being of society but 
does so with general statements and does not discuss specific plans or impacts that her proposed 
endeavor will have. The Petitioner states, "[t]he creation of the Financial Management Office should 
raise the standard of living for all, creating jobs and making products safer, cheaper and more 
functional." Similarly, the expert opinion letter says, "entrepreneurs improve the lives of individuals 
and communities as well as the overall economy. They have been instrumental in spurring social 
change and improving the way people live and work. They help raise the standard of living for 
everyone by creating jobs and making products safer, less expensive, and more functional." Both 
these arguments speak of entrepreneurship as an industry and not the Petitioner's specific endeavor. 
Although the Petitioner's statements reflect her intention to provide valuable services for her potential 
clients, she has not provided 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 the businesses she 
proposes to serve to impact the industry more broadly at a level commensurate with national 
importance. 
The record also contains letters of support from the Petitioner 's various employers, professors, and 
colleagues, attesting to her extensive experience in the field as well as her knowledge and 
professionalism. This evidence does not further demonstrate her proposed endeavor's national 
importance and is more relevant to a second prong analysis regarding whether she is well-positioned 
to advance the proposed endeavor. Therefore, we will not address it in our national importance 
analysis. While we do not discuss each piece of evidence individually, we have reviewed and 
considered the record in its entirety. 
As the Petitioner's proposed work does not meet the first prong of the Dhanasar framework, the 
Petitioner has not demonstrated eligibility for a national interest waiver. Because the identified 
reasons for dismissal are dispositive of the Petitioner's appeal, we decline to reach and hereby reserve 
remaining arguments concerning eligibility under the Dhanasar framework. See Bagamasbad , 429 
U.S. at 25; see also Matter ofL-A-C- , 26 I&N Dec. at 526 n.7. 
III. CONCLUSION 
The Petitioner has not met the requisite first prong of the Dhanasar analytical framework. We 
therefore conclude by a preponderance of the evidence that the Petitioner has not established that she 
is eligible for or otherwise merits a national interest waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
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