dismissed EB-2 NIW Case: Financial Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 26378556 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: APR. 27, 2023 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a financial manager, seeks employment-based second preference (EB-2) 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. The matter is now before us on appeal. 
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. Section 203(b )(2)(B)(i) of the Act. Once a 
petitioner demonstrates eligibility as either a member of the professions holding an advanced degree 
or an individual of exceptional ability, 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 of Dhanasar, 
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 1, grant a national interest waiver if the petitioner demonstrates that: 
• The proposed endeavor has both substantial merit and national importance; 
1 See also Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest 
waiver to be discretionary in nature). 
• 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 
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. For the 
reasons discussed below, we conclude that the Petitioner has not sufficiently demonstrated the national 
importance of his proposed endeavor under the first prong of the Dhanasar analytical framework. 
With respect to his proposed endeavor, the Petitioner initially indicated that he intends to pursue a "career 
in financial management in the United States." He stated that his proposed work as a Financial Manager 
will entail the following: 
• Working with clients to develop individualized financial plans for savings, retirement, 
investments and insurance. I will thoroughly assess their financial positions to understand 
their objectives and evaluate the most effective means to achieve their diverse goals. 
• Providing organization and efficiency consulting services based on assessment of clients' 
current business operations and organizational structure, as well as analysis of available 
resources and their use. 
• Developing investment strategies for a wide variety of industry operators, developing 
comprehensive plans and accurate financial projections to enable business growth and 
expansion into new markets. 
• Providing financial advice and developing plans to achieve clients' financial growth 
objectives. I will create financial plans to help clients reduce expenses, increase profits, and 
maintain optimal cash flow levels. 
• Developing and implementing company-wide financial strategies for small, medium, and 
large-sized businesses that will boost revenue and cut overhead costs. 
• Conducting research into past, present, and future national and international economic 
conditions, and market demands, identifying lucrative investment opportunities for clients. 
• Help entrepreneurs in seeking financing for their projects. 
In response to the Director's request for evidence (RFE), the Petitioner asserted that he has "begun helping 
the company B-S- LLC, a facility maintenance company, to structure its new business in America that is 
focused on medium-size maintenance services for commercial stores .... My duties in this company are 
to use my network and know-how to captivate money from Brazil and invest in the company." He further 
indicated that he "structured the financial part of the business, building a financial model and presenting 
the capital needed to Brazilian investors to improve productivity of the company as a whole." In addition, 
the Petitioner stated that his plan of action is "to take companies that have a real potential like B-S- LLC 
and structure it in a way where it is attractive for international investors to come in and invest in these 
startups and small businesses." 
The record includes information about the benefits of foreign direct investment to the U.S. economy, 
small businesses as creators of U.S. economic activity, financial manager skills and responsibilities, 
retirement and hiring trends in the financial planning industry, the value of financial management for 
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non-governmental organizations, the critical role of financial management in small private companies, 
the value of financial planning, and the economic contributions of immigrant scientists and engineers. 
In addition, the Petitioner provided articles discussing financial advisors' responsibility to keep 
investors safe during the coronavirus pandemic, the industry outlook for finance and insurance in the 
United States, issues facing financial managers, financial management challenges in small and 
medium-sized enterprises, the role founding teams' financial management competencies play for firm 
growth, and U.S. states with the most financial advisors per capita. He also submitted information 
about small businesses and their role in the U.S. economy, the occupational outlook for financial 
managers, recruitment of the next generation of financial advisors, the shrinking talent pool for 
financial services positions, the value of financial education, the impact of finance on business growth, 
financial management approaches for a growing business, and the benefits of finance in business. The 
record therefore supports the Director's determination that the Petitioner's proposed endeavor has 
substantial merit. 
Furthermore, the Petitioner provided recommendation letters from three former colleagues at B-T-G­
P- who discuss his finance and business management skills, knowledge in derivatives contracts, and 
financial activities. The Petitioner's skills, knowledge, and prior work in his field, however, relate to 
the second prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to 
the foreign national." Id. at 890. The issue here is whether the specific endeavor that he proposes to 
undertake has national importance under Dhanasar's first prong. 
The Petitioner also submitted a "Written Advisory Opinion" from both Dr. A-W-, an associate 
professor of finance at I I University, and Dr. M-I-, a professor of economics at I I 
University, in support of his national interest waiver. Both Dr. A-W- and Dr. M-I- contend that the 
Petitioner's proposed work is of national importance because his generic occupation of financial 
manager and the industry in which he works stand to broadly enhance society welfare, offer significant 
potential to employ U.S. workers, provide substantial positive economic effects, have national or even 
global implications in the field, and impact national initiatives. The issue here, however, is not the 
national importance of the field, industry, or profession in which the individual will work; instead we 
focus on the "the specific endeavor that the foreign national proposes to undertake." Id. at 889. The 
letters from Dr. A-W- and Dr. M-I- do not contain sufficient information and explanation, nor does 
the record include adequate corroborating evidence, to show that the Petitioner's specific proposed 
work in financial management offers broader implications in his field or substantial positive economic 
effects for our nation that rise to the level of national importance. 
In the decision denying the petition, the Director determined that the Petitioner had not established the 
national importance of his proposed endeavor. The Director stated that the Petitioner had not 
demonstrated that his undertaking "will have a broader impact on the field outside of his prospective 
company and/or clients." The Director also indicated that the Petitioner had not shown his proposed work 
has broader implications in the field, significant potential to employ U.S. workers, or other substantial 
positive economic effects. 
On appeal, the Petitioner contends that "his role as a financial manager is critical in driving American 
companies' growth, margins, and revenue." He further asserts that his undertaking has "national 
implications for economic growth and employment throughout the United States" and "significant 
potential to employ U.S. workers." 
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In determining national importance, the relevant question is not the importance of the field, 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 
implication s 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 his work. While the 
Petitioner's statements reflect his intention to provide valuable financial management services for his 
clients, he has not offered sufficient information and evidence to demon strate that the prospecti ve 
impact of his propo sed 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 Petitioner has not 
shown that his proposed endeavor stands to sufficiently extend beyond his clientele to impact the 
financial management field, the financial services industr y, or the U.S. econom y 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 regional 
or national economy resulting from the Petitioner 's financial management projects would reach the level 
of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. Accordingly, the 
Petition er's propos ed 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 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. 
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