dismissed EB-2 NIW Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JAN. 17, 2025 In Re: 34870194 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an information technology (IT) business analyst, 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 the record did not 
establish 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 I&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. 
An advanced degree is any U.S. academic or professional degree or a foreign equivalent degree above 
that of a bachelor's degree. 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. 
8 C.F.R. § 204.5(k)(2). Profession is defined as one of the occupations listed in section 101(a)(32) of 
the Act, as well as any occupation for which a U.S. baccalaureate degree or its foreign equivalent is 
the minimum requirement for entry into the occupation. 1 8 C.F.R. § 204.5(k)(2). 
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." 
1 Profession shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in 
elementary or secondary schools, colleges, academics, or seminaries. Section 10l(a)(32) of the Act. 
Section 203(b )(2)(B)(i) of the Act. Our precedent decision, 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,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. 
Id. 
II. ANALYSIS 
The Petitioner's proposed endeavor, as described in the business plan submitted with his petition, is 
to come to the United States to work as a CEO for his startup IT consulting company. His company 
aims to "offer consulting services focused on cybersecurity, data privacy, and protection technology." 
Further, the Petitioner's company's asserted main goal "is to have a high social and economic impact 
by being a knowledge transfer company and sharing best market practices with the American 
information security technology community, developing cybersecurity professionals, reducing risk 
and financial loss for establishments, and extracting the most value in a high demanding IT­
cybersecurity professional ecosystem." The Petitioner also claims his company will serve to address 
labor shortages in the cybersecurity and IT fields. The Petitioner further contends through his business 
plan that his background in the cybersecurity market in Brazil has given him the necessary experience 
to succeed in this role in the United States as a CEO. 
The Director determined that although the Petitioner established the substantial merit of his proposed 
endeavor, he did not establish its national importance, that he is well-positioned to advance that 
proposed endeavor, or that it would be beneficial to the United States to waive the requirements of a 
job offer. We agree that the Petitioner has not established that his proposed endeavor has national 
importance and will dismiss the appeal accordingly. 3 
The first prong of the Dhanasar analytical framework, 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. The Director found that the 
Petitioner did not establish that his proposed endeavor met the national importance element of the first 
prong of the Dhanasar framework. Specifically, the Director determined the Petitioner did not 
establish his proposed endeavor would have broader implications to the field of IT consulting or have 
2 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) Goining the Ninth, Eleventh, and D.C. Circuit Courts of Appeal 
in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary in nature). 
3 The Director denied the petition without making a determination as to the Petitioner's eligibility for EB-2 classification 
as an advanced degree professional. As the Petitioner has not overcome the Director's determination that the record did 
not establish a waiver of the required job offer, and thus of the labor certification, would be in the national interest, we 
need not address whether he is eligible for the EB-2 classification as an advanced degree professional. 
2 
significant potential to employ U.S. workers or otherwise have substantial positive economic effects 
such that he established its national importance. 
Although any basic economic activity has the potential to positively impact a local economy, the 
Petitioner has not demonstrated how the economic activity directly resulting from his proposed 
endeavor would rise to the level of national importance. An endeavor may have national importance 
if it "has significant potential to employ U.S. workers or has other substantial positive economic 
effects, particularly in an economically depressed area .... " Id. at 890. The Petitioner asserts on 
appeal that his consultancy firm will generate jobs for U.S. workers and will have a significant impact 
on the local and national economy through "increased tax revenues for federal and state governments." 
In his business plan and on appeal, the Petitioner indicated his proposed IT consulting firm would have 
the potential to employ 23 people by the end of the first five years of business. However, the business 
plan does not provide sufficient explanation for the basis of these projections. Further, even if 
sufficient basis were provided for the proposed endeavor's revenue and job creation projections, these 
figures do not establish that the Petitioner's company would operate on a scale rising to the level of 
national importance. The Petitioner has not explained how his proposed employment metrics would 
have impact beyond his business's area of intended operations. Upon de novo review, we find that 
the Petitioner did not establish his proposed endeavor would have substantial positive economic 
effects. 
Despite establishing his venture has the potential to provide valuable services to his clients, the 
Petitioner did not establish the specific proposed endeavor will have substantial national implications 
or have a broader impact beyond the individual clients served by his company. On appeal, the 
Petitioner references numerous potential contributions of his business, such as, improving 
cybersecurity that will promote the growth of small businesses and the national economy, reducing 
breaches and exposure of data, and supporting the deployment of effective IT solutions that align with 
national interests such as defending critical infrastructure. He argues his consultancy firm will achieve 
these goals. He previously submitted a business plan and letters of recommendation to support his 
assertion that his proposed endeavor will have a significant, broad impact. The letters speak to the 
Petitioner's skills and knowledge of identity management services, referring to him as "extremely 
competent and committed." When determining the national importance of a proposed endeavor, under 
Dhanasar, we focus on "the specific endeavor that the foreign national proposes to undertake." Id. 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. Although the Petitioner asserts his company will 
have broad impacts on the national economy and on many facets of business development, identity 
management, and cybersecurity, the evidence submitted by the Petitioner does not establish his 
proposed endeavor would operate on such a large scale to have a national impact on any of his claimed 
industries. The Petitioner has also not established that his proposed endeavor stands to significantly 
reduce a national labor shortage in the IT field as claimed. Moreover, shortages of qualified workers 
are directly addressed by the U.S. Department of Labor through the labor certification process. The 
Petitioner has emphasized the importance of cybersecurity and claims his business will have national 
implications due to the need for the services provided and the value in growing businesses to support 
the U.S. economy. While we acknowledge the importance of the fields of business and information 
technology, the Petitioner did not establish his proposed endeavor would have broader implications to 
the overall fields to establish its national importance. See id. at 893. 
3 
Accordingly, we find that the record does not demonstrate national importance of the Petitioner's 
proposed endeavor as required by the first prong of the Dhanasar precedent decision, and the 
Petitioner has not demonstrated eligibility for a national interest waiver. As 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 INS v. Bagamasbad, 429 U.S. 
24, 25 ( 1976) (stating that "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 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. 
ORDER: The appeal is dismissed. 
4