dismissed EB-2 NIW Case: Financial Management

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JUL. 25, 2024 In Re: 31997191 
Appeal of Texas Service Center Decision 
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 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 although the Petitioner 
qualified for classification as a member of the professions holding an advanced degree, she 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 pursuant to 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 qualify for the underlying EB-2 visa classification, a petitioner must establish they are an advanced 
degree professional or an individual of exceptional ability in the sciences, arts, or business. Section 
203(b )(2)(A) of the Act. If a petitioner establishes eligibility for the underlying EB-2 classification, 
they must then demonstrate 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 Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Ninth, Eleventh, and D.C. Circuit Courts (and Third 
in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary 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. 
Id. 
II. ANALYSIS 
The Director concluded that the Petitioner qualifies as a member of the professions holding an 
advanced degree. Accordingly, the remaining issue to be determined on appeal 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. 
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, 26 I&N Dec. at 889. 
According to the Petitioner's statement provided with the initial filing, she intends to "start a financial 
consulting business" and states that her background and "extensive knowledge of different aspects of 
management and financial analysis has uniquely prepared" her for a continuation of her "very 
successful financial manager career in the United States." The Petitioner also submitted 
recommendation letters and documents related to her education and professional experience in support 
of her eligibility. The Director determined, in part, that the Petitioner's initial filing did not 
demonstrate the proposed endeavor's national importance and issued a request for evidence. In 
response, the Petitioner submitted additional documentation, to include a business plan, letters from 
individuals expressing interest in working with the Petitioner, documentation related to her 
membership with the Financial Management Association International, and articles discussing the 
importance of financial services. 
According to the business plan, the Petitioner will implement "a project to create a financial app for 
self-education" called I I which is also the name of her proposed company. The 
Petitioner indicated that she intends to launch her company in Florida and it "will provide financial 
services with a unique approach. Rather than following traditional methods, the company leverages 
AI-generated technologies to empower individuals and families residing in economically distressed 
communities." The proposed company "offers tailored financial guidance, facilitating better financial 
management, and connecting residents with essential resources" and "aims to assist its clients in 
learning experiences in the financial education sphere to help users become more financially literate 
and confident in managing their personal finances." The Petitioner noted that her proposed endeavor 
holds national importance because her services will improve economic stability, reduce debt and 
bankruptcy, prevent financial scams, encourage entrepreneurial growth, and enhance retirement 
planning. 
In denying the petition, the Director concluded that though the proposed endeavor had substantial 
merit, the record contained insufficient evidence to demonstrate the Petitioner's endeavor has a 
potential for national implications within a particular field. The Director noted that the Petitioner did 
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not provide corroborating evidence to support her claim that her proposed business activities will 
provide substantial economic and social benefits to the United States or that the impact of her proposed 
endeavor would extend beyond the company's prospective clients. 
On appeal, the Petitioner claims that the record establishes the national importance of her proposed 
endeavor to create a financial app for self-education because the proposed services have implications 
within the financial industry and will significantly impact the well-being of people living in 
economically distressed areas. She also asserts that she is "poised to contribute to both the financial 
services industry and the STEM (science, technology, engineering, and math) field" and provides 
articles discussing the importance of promoting participation by women and girls in STEM and 
financial services careers. 
Upon review, the record supports the Director's determination that the submitted documentation does 
not establish, by a preponderance of the evidence, that the Petitioner meets the first prong of the 
Dhanasar framework. 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 specific 
endeavor that the foreign national proposes to undertake." See id. Generally, we look to evidence 
documenting the "potential prospective impact" of a petitioner's work. The Petitioner submitted 
articles and reports addressing the importance of financial services and its impact on the U.S. economy 
and provided recommendation letters and documents relating to her education, professional 
experience, and accomplishments. However, as noted by the Director, the Petitioner's skills, expertise, 
and abilities 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 
she proposes to undertake has national importance under Dhanasar's first prong. Additionally, the 
articles, reports, and letters failed to establish that the Petitioner's specific endeavor has national 
implications, significant potential to employ U.S. workers, or otherwise offers substantial positive 
economic effects for the United States. 
We noted in Dhanasar that "we look for broader implications" of the proposed endeavor and 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. Although the Petitioner discusses the value and importance of 
providing financial services and facilitating better financial management, Dhanasar requires us to 
focus on the "the specific endeavor that the foreign national proposes to undertake," not the importance 
of the field, industry, or profession in which the individual will work. Id. at 889. 
Further, the Petitioner did not demonstrate that her company's proposed operations would provide 
substantial economic benefits to Florida, the region, or the U.S. economy more broadly at a level 
commensurate with national importance, nor did she demonstrate that her company's activities would 
substantially impact job creation and economic growth, either regionally or nationally. For example, 
the Petitioner's business plan projects that her company will have four foll-time employees in the first 
year of operation and 211 employees after ten years of operation. However, the record does not 
contain sufficient details and supporting evidence to demonstrate how her company will reach the 
stated economic impact objectives, including in economically distressed areas; what funds have been 
committed to pay for potential workers and business expenses; and overall, how her proposed 
endeavor will substantially impact job creation and economic growth in the region or nation. 
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While the business plan forecasts total operating expenses to reach over $83,000 in the first year and 
$38 million in the tenth year of operation, the record does not demonstrate sufficient funds invested in 
the company. The business plan indicates that the "primary source of investment for this project is a 
combination of the founder's own financial commitment, strategic collaboration with venture 
companies, and the invaluable support of business angels." However, the record lacks documentation 
regarding investment funds. We also note the record contains six letters from individuals indicating 
interest in working with the Petitioner in the future. However, the letters do not reflect contractual 
work or investment commitments with the Petitioner's company. Therefore, the Petitioner has not 
demonstrated that her company has significant potential to employ U.S. workers or otherwise offer 
substantial positive economic effects. 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we conclude 
that she has not demonstrated eligibility for a national interest waiver, as a matter of discretion. Further 
analysis of her eligibility under the second and third prongs outlined in Dhanasar, therefore, would 
serve no meaningful purpose. See INS v. Bagamasbad, 429 U.S. 24, 25 ( 1976) (stating that agencies 
are not required to make findings on issues that are unnecessary to the ultimate decision); see also 
Matter ofL-A-C-, 26 I&N Dec. 516, 526 n.7 (BIA 2015) (declining to reach alternate issues on appeal 
where an applicant is otherwise ineligible). 
ORDER: The appeal is dismissed. 
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