dismissed EB-2 NIW Case: Graphic Design

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : WL. 13, 2023 In Re: 27440128 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a graphic designer, seeks second preference immigrant classification as a member of 
the professions holding an advanced degree or as an individual of exceptional ability , as well as a 
national interest waiver of the job offer requirement attached to this EB-2 classification . 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 the Petitioner had not 
established eligibility for 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. 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 Christa's, Inc., 26 I&N Dec . 537,537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 1 
I. LAW 
To establish eligibility for a national interest waiver, petitioners must 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. In addition, 
petitioners must show the merit of a discretionary waiver of the job offer requirement "in the national 
interest." Section 203(b )(2)(B)(i) of the Act. Matter ofDhanasar, 26 I&N Dec. 884, 889 (AAO 2016) 
provides that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion 2, grant 
a national interest waiver if: 
1 The Director 's decision only addressed the Petitioner 's eligibility for a national interest waiver, which is the sole issue 
on appeal. Because the Petitioner did not establish eligibility for a national interest waiver on appeal, we need not remand 
the matter to the Director in order to make a determination on the underlying immigration classification . 
2 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 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 
As it relates to the national interest waiver, the first prong relates to substantial merit and national 
importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. At initial filing, the 
Petitioner's cover letter stated that he "seeks to continue his endeavor as a Graphic Designer by 
opening up his own U.S. graphic design company, through which he will be applying his skills in 
furtherance of U.S. companies needing superior designs to market their services and products." 
In response to the Director's request for evidence, the Petitioner submitted a business plan for~I---~ 
Oand a personal statement indicating: 
Through my work with I I I aspire to alleviate the negative impact of the 
pandemic crisis on the U.S. through creation and innovation, helping companies and 
entrepreneurs to reposition their brands and products in the market by remodeling and 
renovating safe and aesthetically appealing residential and commercial spaces. 
My short-term goal is to open an integral design studio to welcome our clients in a way 
that they are comfortable brainstorming their ideas that will give start to the design 
products. 
I am also dedicated to offering great employment opportunities to countless American 
residents and citizens with excellent benefits, ensuring well-paid positions, affordable 
health insurance, retirement plan, and paid time off. We are currently in a steep ramp-up 
and hiring plan to reach over 5 employees in the following year to accommodate our 
clients growing demand, as well as our expansion throughout Florida and the rest of the 
country. 
I intend to establish a pioneer venture that adds graphic design to interior spaces, giving 
more meaning and definition to the brand and enhancing businesses. I lwill 
enable me to guide and lead interior graphic design projects to increase the visual comfort 
of commercial offices, franchises, and offices, confer identity, and eliminate the ordinary 
style of the space for its users. 
The Director determined the Petitioner demonstrated the proposed endeavor's substantial merit but not 
its national importance. On appeal, the Petitioner maintains the national importance of his proposed 
endeavor of providing graphic design services through the operation of his business. 
2 
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." See Dhanasar, 26 I&N Dec. at 889. Although the Petitioner 
references his submission of "Probative Research," including a wide of topics covering graphic 
designer occupations, industry needs, visual learners, economic benefits, and design markets, the 
Petitioner must demonstrate the national importance of his specific, proposed endeavor of providing 
his particular graphic design services through I I rather than the importance of graphic 
designers and related fields and industries. 3 In Dhanasar, we 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. 
Moreover, the Petitioner contends that he presented an expert opinion letter from!.________ ___. 
who found his proposed endeavor has national importance. The letter, however, makes the same 
arguments, discussed above, relating to the importance of graphic designers, the graphic design 
industry, small businesses, and immigration rather than the national importance of the Petitioner's 
specific, proposed endeavor of operating I I Furthermore, the letter does not explain 
how the Petitioner's graphic design services, through his business located in an undisclosed area in 
Florida, have broader implications for our country. 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. Dhanasar, 26 I&N Dec. at 889. Here, the Petitioner did 
not demonstrate how his proposed endeavor largely influences the field and rises to the level of 
national importance. In Dhanasar, we determined 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. Likewise, the record does not show through supporting documentation how his graphic design 
services stand to sufficiently extend beyond his prospective clients, to impact the industry or the U.S. 
economy more broadly at a level commensurate with national importance. 
The Petitioner also claims he provided recommendation letters "from clients, colleagues, and industry 
experts who attested to the quality of [the Petitioner's] work and the potential impact of his proposed 
endeavor." Although the letters praise him for his work, 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 he 
proposes to undertake has national importance under Dhanasar's first prong. In addition, the letters 
discuss the impact of the Petitioner's work to their own experiences rather than the required broad 
impact to the graphic design industry. Id. at 889. 
Further, the Petitioner did not demonstrate how his business plan's claimed revenue and employment 
projections, even if credible, have significant potential to employ U.S. workers or otherwise offers 
substantial positive economic effects for our nation. While the sales forecast $388K in year 1 to 
$1,698M in year 5, the business plan does not establish the benefits to the regional or national economy 
3 The Petitioner's arguments and evidence relate more to the substantial merit aspect of the proposed endeavor rather than 
the national importance part. 
3 
would reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 
890. Similarly, although the plan claims the business would create 3 jobs in year 1 to 12 jobs in year 
5, the Petitioner did not demonstrate that such future staffing levels would provide substantial 
economic benefits to Florida or the region or U.S. economy more broadly at a level commensurate 
with national importance. The Petitioner, for instance, did not show that such employment figures 
would utilize a significant population of workers in the area or would substantially impact job creation 
and economic growth, either regionally or nationally. For all these reasons, the record does not 
establish that, beyond the limited benefits provided to its prospective clients and employees, the 
Petitioner's proposed endeavor has broader implications rising to the level of having national 
importance or that it would offer substantial positive economic effects. 
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. 4 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong ofthe Dhanasar analytical framework, we conclude 
that he has not demonstrated eligibility 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. 
4 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 ofL-A-C-, 26 l&N Dec. 516,526 n.7 (BIA 2015) 
( declining to reach alternate issues on appeal where an applicant is otherwise ineligible). 
4