dismissed EB-2 NIW Case: It Project Management

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: MAY 2, 2024 In Re: 30626398 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner 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 the underlying immigrant classification and 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 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, 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, 1 grant 
a national interest waiver if: 
• The proposed endeavor has both substantial merit and national importance, 
• The individual is well-positioned to advance the proposed endeavor, and 
• On balance, waiving the job offer requirement would benefit the United States. 
1 See also 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Third in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver to be 
discretionary in nature). 
II. ANALYSIS 
Regarding 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. In Part 6 (Basic 
Information About the Proposed Employment) of Form 1-140, Immigrant Petition for Alien Workers, 
the Petitioner listed the job title as "IT PROJECT MANAGER" and provided the nontechnical job 
description as "Assist the improvement of the development and management of enterprises resource 
planning an IT." In addition, the Petitioner submitted a statement indicating: 
... [M]y overall proposed endeavor in the United States is to offer my expertise to 
contribute to fill the gap of IT skilled professionals in the country and bring innovative 
results to local and national companies, organizations and individuals improving both 
their social and monetary interests. I will do this by continuing to stayup [sic] to date 
on the field, providing my IT expert services, and introducing and developing quality 
IT systems, as well as IT infrastructure, tailored to diverse industries that will lead to 
the generation of more direct and indirect jobs, coupled with valuable contributions to 
the IT field, which is a high-growth industry in the U.S. 
In response to the Director's request for evidence, the Petitioner provided an updated statement 
reflecting: 
As previously explained, my proposed endeavor is to advance my career in the United 
States by working in the high-growth field of Information and Technology (IT) as an 
IT Project Manager, or similar position, where I will work on the Enterprise Resource 
Planning (ERP) and IT infrastructure projects. 
I will perform essential work for the business industry by designing and assisting the 
implementation of IT solutions that respond to companies' communications, controls, 
management of activities, and interaction with the market in which they work. 
I intend to use my skills and knowledge in my field to: 
• Work for and with American companies that wish to stay a step ahead of their 
competition and have a better system of reaching out to customers at a national 
and international level. 
• Increase productivity and profitability with the proper use of IT tools that they 
have no idea exists or that can be treated and adapted to their requests. 
• Provide companies in the U.S. a competitive edge that allows them to excel in 
their business endeavors. 
On appeal, the Petitioner maintains that his "role as a Project Manager in this process is crucial, and 
his work has a profound impact on the success of the ERP implementation." 
2 
As it relates to substantial merit, 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 Director found the Petitioner established the substantial merit of his proposed 
endeavor. 
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 
emphasizes the importance of the IT project manager position and references the submission of 
"Industry Reports and Articles" on a wide range of topics, the Petitioner must demonstrate the national 
importance of his specific, proposed endeavor of providing his particular IT project managerial 
services. 2 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. 
The Petitioner also contends that his proposed endeavor can "help[] to alleviate IT professional 
shortages impacting the industry." However, the alleged shortage of occupations or occupational 
skills does not render his proposed endeavor nationally important under the Dhanasar framework. In 
fact, such shortages of qualified workers are directly addressed by the U.S. Department of Labor 
through the labor certification process. 
Moreover, the Petitioner stresses his "expertise" and "education, skill and proficiency." However, the 
Petitioner's knowledge, skills, 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 that he proposes to undertake has national importance under 
Dhanasar 's first prong. 
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 IT project managerial services 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. The record does not show through supporting 
documentation how his endeavor sufficiently extends beyond his prospective employers or clients, to 
impact the field or the U.S. economy more broadly at a level commensurate with national importance. 
Finally, the Petitioner did not demonstrate how his IT project managerial position has significant 
potential to employ U.S. workers or otherwise offers substantial positive economic effects for our 
nation. Although his statements make broad, general claims, such as his employment "allows 
businesses to produce more goods and services per unit of input" and "provide[ s] a boost in 
2 The Petitioner's arguments and evidence relate to the substantial merit aspect of the proposed endeavor rather than the 
national importance part. 
3 
employment and discretionary income in the communities in which they operate and tax increase for 
governments," the Petitioner did not include specific, detailed information projecting employment 
figures, goods produced, or revenue generated directly credited from his IT project managerial 
position. Without evidence regarding any projected U.S. economic impact or job creation attributable 
to his particular future work, the record does not show any benefits to the U.S. regional or national 
economy resulting from his services would reach the level of "substantial positive economic effects" 
contemplated by Dhanasar. Id. at 890. 
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. We also reserve 
a determination on the Petitioner's eligibility for the underlying immigrant classification. 3 
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. 
3 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 applicants do not otherwise meet their burden of proof). 
4