dismissed EB-2 NIW Case: International Banking

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: NOV. 19, 2024 In Re: 34814977 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an international banking 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 the record does not 
establish that the Petitioner is eligible for a national interest waiver as a matter of discretion. 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). 
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. Matter of Dhanasar, provides the framework for adjudicating 
national interest waiver petitions. Matter ofDhanasar, 26 I&N Dec. 884, 889 (AAO 2016). 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; 
• The individual is well-positioned to advance their proposed endeavor; and 
• On balance, waiving the job offer requirement would benefit the United States. 
Dhanasar, 26 I&N Dec. at 889. 
II. ANALYSIS 
The Petitioner is an international banking manager whose proposed endeavor is to work in this field 
in the United States. The Director determined that the Petitioner established her eligibility for the 
EB-2 classification as a member of the professions holding an advanced degree. 2 However, the 
Director concluded that the Petitioner did not establish eligibility for a national interest waiver as the 
record did not establish her proposed endeavor's national importance and did not establish that, on 
balance, it would be beneficial to the United States to waive the job offer requirement. On appeal, the 
Petitioner contends that the Director erred in this finding. We conclude the record does not establish 
the Petitioner's proposed endeavor is of national importance and therefore she is not eligible for a 
national interest waiver as a matter of discretion. 
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. Dhanasar, 26 I&N 
Dec. at 889. The Petitioner's proposed endeavor is to continue working as an international banking 
manager in the United States; specifically, to assist with expansion efforts in the African region. The 
record includes industry reports and articles on the importance of international banking and its impact 
on the global economy. We conclude that the Petitioner's proposed endeavor has substantial merit. 
In determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. Id. Dhanasar states a proposed endeavor may have national importance because 
it has, "national or even global implications within a particular field, such as certain improved 
manufacturing processes or medical advances." Id. The Petitioner states on appeal that the Director 
erred as they "failed to properly weigh the evidence submitted." The Petitioner contends, "[t]he 
evidence submitted demonstrates [ the Petitioner's] qualifications, the significance of her role in the 
international banking sector, and the broader implications of her work for the U.S. economy." In 
determining national importance, the relevant question is not the importance of the field, industry, or 
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). 
2 
The Director concluded that the Petitioner qualifies for the EB-2 classification as a member of the professions holding 
an advanced degree based on documentation of a foreign bachelor's degree and five years of progressive experience. 
However, as the record does not establish by a preponderance of the evidence that the Petitioner is otherwise eligible for 
a national interest waiver as a matter of discretion, we will reserve the issue of the Petitioner's eligibility for the EB-2 
classification. 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 I&N Dec. 516, 
526 n.7 (BIA 2015) (declining to reach alternate issues on appeal where an applicant is othe1wise ineligible). 
2 
profession in which the individual will work; instead, we focus on, "the specific endeavor that the 
foreign national proposes to undertake." Dhanasar, 26 I&N Dec. at 889. 
The Petitioner highlights the general duties of an international banker but does not detail the 
prospective impact of the Petitioner's specific proposed endeavor, other to say she will be working in 
that field. The record contains industry reports and articles which describe the importance of the 
international banking industry and "federal and state policies articulating the prospective national 
importance of her proposed endeavor." While we recognize the value and importance of the industry, 
working in the industry is insufficient to establish the national importance of the proposed endeavor. 
Here, the Petitioner improperly relies upon the importance of the industry to establish the national 
importance of her proposed endeavor. For example, the Petitioner submitted various articles on the 
importance of international banking to the economy such as, "U.S. Report on Global Financial 
Services Leadership" and "The Importance of Global Bank Accounts for International Businesses." 
While this provides good background information and information on the importance of the industry; 
without sufficient documentary evidence of the specific proposed endeavor's broader impact on the 
industry, the Petitioner's proposed endeavor does not meet the "national importance" element of the 
first prong of the Dhanasar framework. 
In addition, the Petitioner included information on her extensive experience in the field, such as her 
resume and various recommendation letters; along with evidence that she has applied for international 
banking manager positions in the United States. The appeal states that this evidence shows she has 
the skills to carry out her proposed endeavor and that the applications show her commitment to 
working in the field. While we acknowledge her extensive experience and that she has taken steps to 
work in the United States in this field, this does not further show the national importance of her 
proposed endeavor as these documents relate to the second prong of the Dhanasar framework, where 
we shift the focus from the proposed endeavor to the individual. Id. at 890. While these letters show 
the experience the Petitioner has thus far in her career and her prospective intention to work in the 
field in the United States, the Petitioner has not submitted sufficient evidence to establish the 
prospective impact of her future proposed endeavor. 
While we do not discuss each piece of evidence individually, we have reviewed and considered the 
record in its entirety. As the Petitioner's proposed work does not meet the first prong of the Dhanasar 
framework, the Petitioner has not demonstrated eligibility for a national interest waiver. Because 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 
Bagamasbad, 429 U.S. at 25; see also Matter ofL-A-C-, 26 I&N Dec. at 526 n.7. 
III. CONCLUSION 
The Petitioner has not met the requisite first prong of the Dhanasar analytical framework. We 
therefore conclude that the Petitioner has not established by a preponderance of the evidence that she 
is eligible for or otherwise merits a national interest waiver as a matter of discretion. 
3 
ORDER: The appeal is dismissed. 
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