dismissed EB-2 NIW Case: Industrial Engineering

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 10, 2024 In Re: 35104858 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an industrial engineer, seeks employment-based second preference (EB-2) immigrant 
classification as either a member of the professions holding an advanced degree or an individual of 
exceptional ability, 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 the EB-2 classification as an individual of exceptional ability, 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 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. 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. 
We set forth a framework for adjudicating national interest waiver petitions in the precedent decision 
Matter of Dhanasar, 26 l&N Dec. 884 (AAO 2016). Dhanasar states that U.S. Citizenship and 
Immigration Services (USCIS) may, as matter of discretion, 1 grant a national interest waiver of the 
job offer, and thus the labor certification, to a petitioner classified in the EB-2 category if the petitioner 
demonstrates that (I) the noncitizen's proposed endeavor has both substantial merit and national 
1 See 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). 
importance; (2) the noncitizen 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 
noncitizen 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 noncitizen. To determine whether 
the noncitizen 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, progress towards achieving the proposed endeavor, and 
the interest of potential customers, users, investors, or other relevant entities or individuals are also 
key considerations. 
The third prong requires the petitioner to demonstrate that, on balance of applicable factors, it would 
be beneficial to the United States to waive the requirements of a job offer and thus of a labor 
certification. USCIS may evaluate factors such as whether, in light of the nature of the noncitizen' s 
qualification or the proposed endeavor, it would be impractical either for the noncitizen 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 noncitizen's contributions; 
and whether the national interest in the noncitizen's contributions is sufficiently urgent to warrant 
forgoing the labor certification process. Each of the factors 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. 
II. ANALYSIS 
The Petitioner proposes to work as an industrial designer. 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 her proposed endeavor 
under the first prong of the Dhanasar analytical framework. 
The Director concluded that the Petitioner's proposed endeavor has substantial merit. The Director 
determined, however, that the Petitioner did not establish the proposed endeavor's national 
importance, that she is well positioned to advance it, and that, on balance, it would benefit the United 
States to waive the job offer requirement. On appeal, the Petitioner argues that the Director "erred in 
applying the law to the facts of the case." The Petitioner further contends that the Director failed to 
acknowledge the sufficient evidence she provided to demonstrate her proposed endeavor's national 
importance. 
The Petitioner states that she seeks to create environmentally sustainable products and architectural 
finishes that comply with green product regulations. She explains that she aims to increase the 
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percentage of Leadership in Energy and Environmental Design (LEED) certified projects, reduce 
environmental impact, and lower the carbon footprint within the United States. She also indicates that 
she plans to conduct research on existing green regulations and industry best practices, select eco­
friendly materials, and develop energy-efficient designs for innovative construction finishing 
products. The record includes a business plan, expert opinion letter, recommendation letters, and industry 
reports and articles. While we do not discuss every piece of evidence individually, we have reviewed 
and considered each one. 
The Petitioner argues that her proposed endeavor is of national importance due to her focus on 
designing environmentally sustainable products for the construction and design industry. In 
determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. 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 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 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. Here, the Petitioner contends that her 
consultancy services aimed at advising construction firms, architects, and builders on using sustainable 
materials, will increase demand for green building products and will simulate growth in the manufacturing 
sector. The Petitioner nonetheless has not demonstrated that her proposed endeavor offers broader 
implications in the manufacturing, design, and construction field or substantial positive economic effects 
for the country that rise to the level of national importance. 
The Petitioner contends that her commitment to developing sustainable construction finishing products 
holds significant implications for the global competitiveness of the U.S. design and construction 
industry. She highlights a product she developed, I I while working for a company and 
explains that the product is a I I sheet that can be quickly installed on various 
surfaces. The Petitioner states that her plans to develop and implement construction finishing products 
like I I which comply with green product regulations and LEED certification standards, will 
promote the adoption of sustainable practices. She emphasizes that this will positively impact broader 
society and address environmental, social, and health challenges on a national scale. While we 
acknowledge the substantial merit of developing environmentally sustainable products, the record 
lacks sufficient evidence that the Petitioner's existing or future products have been or will be adopted 
by the industry, made an impact in the field, or had far-reaching implications. Although we recognize 
that her proposed endeavor would positively affect her clients and the companies she collaborates 
with, the Petitioner has not convincingly explained, nor does her record sufficiently demonstrate, that 
her work would have broader implications for the industry or the U.S. economy that would rise to the 
level of national importance. 
The Petitioner maintains that her endeavor has significant potential to employ U.S. workers and generate 
substantial economic effects, aligning with the increasing demand for sustainability skills and green jobs 
in the United States. She also declares that the adoption of her sustainable finishing products will help 
U.S. construction companies expand their revenues and project portfolios. The Petitioner, however, does 
not provide sufficient detail of the basis of her projections or adequately explain how these revenue 
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forecasts will be realized. As previously mentioned, 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 "the specific endeavor that the foreign national proposes to undertake." Id. at 889. 
Here, the Petitioner has not demonstrated that her undertaking has implications beyond the companies 
and clients she elects to work with to impact the U.S. economy on a broad scale rising 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. 
Similarly, the record here does not establish that the Petitioner's proposed endeavor's impact will be 
nationally important. 
The Petitioner underscores the expert opinion letter, which describes her proposed endeavor as having 
"national and global implications." She also continues to highlight the national and global significance 
of her intention to develop environmentally sustainable construction finishing products that adhere to 
LEED standards. However, the record does not include adequate corroborating evidence to 
demonstrate that the Petitioner's specific proposed endeavor will have broader implications in the 
field, enhancements to U.S. societal welfare, or substantial positive economic effects for the country 
that rise to the level of national importance. It is insufficient to claim an endeavor has national 
importance or will create a broad impact without providing evidence to corroborate such claims. The 
Petitioner must support her assertions with relevant, probative, and credible evidence. See Matter of 
Chawathe, 25 I&N Dec. at 376. Without sufficient evidence regarding the projected U.S. economic 
impact or job creation directly attributable to her future work, the record does not show that the benefits 
to the regional or national economy resulting from the Petitioner's endeavor would reach the level of 
"substantial positive economic effects" contemplated by Dhanasar. Id. at 890. 
For the aforementioned reasons, the Petitioner's proposed work does not meet the first prong of the 
Dhanasar framework. Because the documentation in the record does not establish the national 
importance of her proposed endeavor as required by the first prong of the Dhanasar precedent decision, 
the Petitioner has not demonstrated eligibility for a national interest waiver. Since this issue is dispositive 
of the Petitioner's appeal, we decline to reach and hereby reserve the appellate arguments regarding her 
eligibility under the second and third prongs outlined in Dhanasar. See INS v. Bagamasbad, 429 U.S. 
24, 25 (1976) ("courts and agencies are not required to make findings on issues the decision of which is 
unnecessary to the results they reach"); see also Matter ofL-A-C-, 26 I&N Dec. 516, 526 n.7 (BIA 2015) 
( declining to reach alternative issues on appeal where an applicant is otherwise ineligible). 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we conclude 
that she has not established she 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. 
ORDER: The appeal is dismissed. 
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