dismissed EB-2 NIW Case: Judo

U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-L-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 13, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a judo athlete and coach, seeks second preference immigrant classification as an 
individual of exceptional ability, as well as a national interest waiver of the job offer requirement 
attached to this EB-2 classification. See Immigration and Nationality Act (the Act) section 203(b)(2), 
8 U.S.C. § 1153(b)(2). After a petitioner has established eligibility for EB-2 classification, U.S. 
Citizenship and Immigration Services (USCIS) may, as matter of discretion, grant a national interest 
waiver if the petitioner demonstrates: (1) that the foreign national's proposed endeavor has both 
substantial merit and national importance; (2) that the foreign national 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. Matter of Dhanasar, 26 I&N Dec. 
884 (AAO 2016). 
The Director of the Nebraska Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, finding that the Petitioner qualified for classification as an individual of exceptional ability, 
but that he had not established that a waiver of the required job offer, and thus of the labor certification, 
would be in the national interest. 
On appeal, the Petitioner submits farther evidence and a brief contending that he is eligible for a 
national interest waiver under the Dhanasar framework. 
Upon de nova 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. 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. 
Section 203(b) of the Act sets out this sequential framework: 
Matter of M-L-
(2) Aliens who are members of the professions holding advanced degrees or aliens of 
exceptional ability. -
(A) In general. - Visas shall be made available ... to qualified immigrants who are 
members of the professions holding advanced degrees or their equivalent or 
who because of their exceptional ability in the sciences, arts, or business, will 
substantially benefit prospectively the national economy, cultural or 
educational interests, or welfare of the United States, and whose services in the 
sciences, arts, professions, or business are sought by an employer in the United 
States. 
(B) Waiver ofjob offer-
(i) National interest waiver. ... [T]he Attorney General may, when the Attorney 
General deems it to be in the national interest, waive the requirements of 
subparagraph (A) that an alien's services in the sciences, arts, professions, or 
business be sought by an employer in the United States. 
While neither the statute nor the pertinent regulations define the term "national interest," we set forth 
a framework for adjudicating national interest waiver petitions in the precedent decision Matter of 
Dhanasar, 26 I&N Dec. 884. 1 Dhanasar states that after EB-2 eligibility has been established, users 
may, as a matter of discretion, grant a national interest waiver when the below prongs are met. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
foreign national 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 foreign national. To determine 
whether he or she 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; any progress towards achieving the proposed 
endeavor; and the interest of potential customers, users, investors, or other relevant entities or 
individuals. 
The third prong requires the petitioner to demonstrate 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. In performing 
this analysis, users may evaluate factors such as: whether, in light of the nature of the foreign 
national's qualifications or the proposed endeavor, it would be impractical either for the foreign 
national 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 foreign 
national's contributions; and whether the national interest in the foreign national's contributions is 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
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Matter of M-L-
sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) 
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. 2 
II. ANALYSIS 
The Director found that the Petitoner qualifies as an indiviudal of exceptional ability. 3 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. 
With respect to his proposed endeavor, the Petitioner indicated that he intends to continue his "work 
in the field of martial arts in the U.S. as an athlete and a coach." He farther stated that his proposed 
work "will substantially benefit the United States by way of increasing our athletic competitiveness 
on the national and international level." 
In addition, the record includes letters of support from various I liudo experts 
asserting that the Petitioner's proposed work "will substantially benefit the United States."4 For 
example, I I a 2008 I I medalist representing I I asserted that the 
Petitioner's proposed work stands to improve "the I !Judo team's athletic competitiveness 
in national and international tournaments" and "bring more people to participate in this traditional 
martial art, promotin a ha ier and healthier lifestyle for the U.S. public." Similarly, I I I I operator o Judo-Sambo Club, contended that the Petitioner's proposed work 
is aimed at "increasing the-----~ Judo team's athletic competitiveness and ultimately 
ensur[ing] the team's success in future national and international Judo competitions. Furthermore, 
[the Petitioner] will continue to bring more people to partake in this traditional martial art, promoting 
a healthier and more active lifestyle for the U.S. public." 
The Director determined that the aforementioned letters and the information the Petitioner provided about 
his proposed endeavor were not sufficient to demonstrate its substantial merit or national importance. 
Specifically, the Director concluded that the Petitioner had not sufficiently described his plans for 
accomplishing his "goal of increasing U.S. competitiveness in the sport of judo." In addition, the 
Director noted that while the record included statements claiming that the Petitioner will help improve 
thel I Judo team's competitiveness, the evidence did not show that the Petitioner has 
previously served "or will be working with the U.S. Judo team." 5 Furthermore, the Director stated 
that the Petitioner had not shown that his proposed endeavor offers broader implications, significant 
potential to employ U.S. workers, or substantial positive economic effects. Finally, the Director 
indicated that the record did not show that the Petitioner's proposed endeavor will broadly advance 
societal welfare or cultural or artistic enrichment. 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 The record adequately demonstrates that the Petitioner meets at least three of the six regulatory criteria at 8 C.F.R. 
§ 204.5(k)(3)(ii) and that he has achieved the level of expertise required for exceptional ability classification. He therefore 
has established eligibility for the underlying EB-2 visa classification. 
4 While we discuss a sampling of these letters, we have reviewed and considered each one. The majority of these letters 
do not include an address, a telephone number, or any other information through which the individuals can be contacted. 
5 The record does not demonstrate that the Petitioner has any connections with or invitations from the ----~.Judo 
team to help improve its competitive performance in future tournaments. 
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Matter of M-L-
On appeal, the Petitioner provides a list of six judo tournaments in which he intends to compete in the 
United States. He maintains that his proposed endeavor has substantial merit and national importance, 
stating: 
[The Petitioner] has established that he is capable of winning major competitions in Judo 
in the U.S. and that he has in fact competed in and won such competitions in the U.S. The 
benefit resulting from winning such competitions will clearly help the U.S. Judo team's 
competitiveness, even if he will not be working with a U.S. Judo team, simply by 
motivating U.S. Judo team athletes to outperform [the Petitioner]. As [the Petitioner] is 
willing to coach other athletes, he will be sharing his expertise with those who aspire to 
compete with him and thus will improve their skills .... [H]is level of expertise allows to 
make a reasonable projection of the nationwide interest in his coaching services .... 
Major, national level athletic victories, such as those demonstrated by [the Petitioner], by 
definition, have national merit and importance that benefit the society in general .... 
The Petitioner's claims regarding his record of success in athletic competitions relate to the second prong 
of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national."6 
Id. at 890. Nonetheless, while the record adequately shows the substantial merit of the Petitioner's 
proposed work, for the reasons discussed below, the evidence is not sufficient to demonstrate the 
national importance of the competitive and coaching endeavors he proposes to undertake. 
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." 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. 
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. Although the 
Petitioner contends that his participation in athletic competitions will motivate U.S. Judo team athletes 
to outperform him, he has not offered sufficient information and evidence to demonstrate that his 
involvement as a competitor stands to impact USA Judo, thel I team, or his sport a level 
consistent with having national importance. Nor has he shown that his proposed U.S. coaching work 
is at a level that would offer national implications for his sport, or that the implications of such work 
stand to impact the sport more broadly, as opposed to being limited to his judo students. Likewise, in 
Dhanasar we determined that the petitioner's teaching activities did not rise to the level of having 
6 The record indicates that the Petitioner has participated in.__ ______________ ....,.. __ ...., 
2014, 2015, and 2016 for com etitors over the a e of 30 and laced as hi has fifth. In addition, the Petitioner 
second in the 
.__ ____________ ..,..... in....._ _ _,2018, but this competition post-dated the filing of the petition. 
Eligibility must be established at the time offiling. See 8 C.F.R. § 103.2(b)(l). 
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Matter of M-L-
national importance because they would not impact his field more broadly. Id. at 893. The Petitioner's 
proposed work therefore does not meet the first prong of the Dhanasar framework. 
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. 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we find 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, with each considered as an 
independent and alternate basis for the decision. In visa petition proceedings, it is the petitioner's 
burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. 
§ 1361; Matter of Skirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). Here, that burden has 
not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of M-L-, ID# 3625723 (AAO June 13, 2019) 
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