dismissed EB-2 NIW Case: Law

U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-F-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 4, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an attorney, seeks second preference 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 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 a member of the professions holding 
an advanced degree, but that she 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 a brief asserting that she is eligible for a national interest waiver 
under the Dhanasar framework. 
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. 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 L-F-
(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. See 
also Poursina v. USCIS, No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS' decision 
to grant or deny a national interest waiver to be discretionary in nature). 
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 
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 L-F-
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 
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 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 agree with the Director that she has not sufficiently demonstrated the 
national importance of her proposed endeavor under the first prong of the Dhanasar analytical 
framework. 
The Petitioner indicated that she intends to continue her work as special counsel to both the._l __ _. 
.__ __________________ ____, and.__ __________ ____,· 3 She contends 
that her services for these companies stand "to advance cultural relations between the U.S. and Iran 
via economic and cultural diplomacy." With respect to her responsibilities at I ~, the 
Petitioner explained that her proposed work as special counsel involves "promoting free and fair trade 
between U.S. and Middle Eastern countries by active case development, management of client 
accounts, analyzing statistical and regulatory requirements, identifying case opportunities and guiding 
international and national teams to implement marketing strategies." In addition, she asserted that her 
duties include providing advice and assistance to foreign exporters to ensure compliance with U.S. 
trade laws and sanctions, leading I l's in-house legal department, negotiating corporate 
dealings, coordinating international and U.S. regulatory compliance, and handling corporate 
governance filings. 5 
Regarding her proposed work as special counsel for □, the Petitioner stated: 
Her responsibilities at I I include drafting, negotiating, and reviewing various 
transaction documents including offering documents and memoranda, coordinating and 
supporting integration planning and tracking new contracts and dealing; facilitating 
negotiations of transactions and legal documentation for artists and film studios; 
staying abreast of the company's general corporate, financial and operational matters. 
She assists in the negotiation and management of key strategic partnerships. 
2 See Dhanasar, 26 T&N Dec. at 888-91, for elaboration on these three prongs. 
3 As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for her to~ajob offer from 
a specific employer. However, we consider information about her positions with I I andl__Jto illustrate the 
capacity in which she intends to work. 
4 The Petitioner noted that this entity "seeks to advise and provide assistance to American companies, investors and 
individuals in connection with any potential investments and/or other business and cultural dealings with Iran~."---~ 
5 The record contains a letter of support from~----~ the Petitioner's father and the founder o~~--~ 
listing her duties and responsibilities for that organization. 
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Matter of L-F-
The record includes a letter from I I Executive Producer for D discussing four 
"projects which focus on international diplomacy and cultural understanding" that his film company 
plans to undertake with the Petitioner's involvement. He asserted that one series under development 
"is titled I r which is a morality tale recast as a futuristic, science fiction, action, fantasy. 
[The PetitionerJ is a co-developer and writer on this project as well as special counsel." In addition, 
I I stated that another project, ! lis planned as a U.S. television series with 
ten episodes shot in Middle Eastern countries that highlight "people who struggle and take huge risks 
every day to do what they love. . . . The entire project hinges on [the Petitioner] and her brother's 
connections to the Middle East." I lnoted that a third series under development is 
.__ __________ ~and that this project will follow American LJ during a two-week 
period with a foreign family in the Middle East "adjusting to and learning a different culture." Ftally 2I 
he described a fourth film ro · ect in develo ment called 1 I" a fictional action series about 
I kaptain and an intelli ence officfr who team uo 1? fight terrorists 
in Iraq. With regard to'.__ _ _.' and '-----------~' .... ______ _.Jdid not discuss 
the Petitioner's proposed work for these two series other than her duties as special counsel. 
In addition, the Petitioner provided various articles relating to diplomatic and economic relations 
between the United States and Iran. For exam le, the record contains articles entitled 
' " 
" ' " ' 
.__-----~--_.~.,"and".__ _____________________ ~" While 
the Director determined that the aforementioned iqfurmjition and evidence shows the Petitioner's 
proposed work as special counsel forl I andl_Jhas substantial merit, he concluded that her 
documentation was not sufficient to demonstrate this endeavor's national importance. 
On appeal, the Petitioner argues that her proposed endeavor has national importance because it "positively 
impacts U.S. economic welfare" and "furthers U.S. international relations." She mainrajns that brir role 
as special counsel forl land proposed work forO'enables two American,.__ __ ~based 
companies, to thrive and conduct business." In addition, she asserts that the economic benefit of her 
services to these "companies supports U.S.'s overall economic and national welfare, particularly since 
both companies are U.S.-based, pay federal and state taxes, hire U.S. citizens as employees, and enter 
into business contracts with other American companies." 
Regarding her proposed work aimed at furthering U.S. international relations, the Petitioner contends 
that "she plans to expand business transactions via her special counsel role to two U.S. companies." 
She asserts that"[ s ]uch transactions would ultimately farther relations between" the United States and 
Iran and help "both countries move past their dangerous bile of misunderstandinJ and historical pains." 
In addition, the Petitioner argues that that her proposed projects forl andOwill expand 
U.S.-Iran business relations and provide "an economic boost to the U.S."6 She farther indicates that 
through such business dealings "Iranians will have the opportunity to favorably view the U.S. This 
6 As documentation oiD and I ~s proposed business transactiVJ.l.'......u.=-i..JCJ.Uu.u,i1•er presents two "draft" contracts. 
The first of these contracts is a "Finder's Fee Agreement" betweenD and Pr tion~ The second contract 
is a · Purchasing Services Agreement" between .__ __ _. and I~_ ---r-, -----~! 
This evidence, however, is not sufficient to demonstrate that the economic implications of these projects would be 
attributable to her role as special counsel to an extent that her proposed work holds national importance. 
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Matter of L-F-
favorable view will be a milestone in the countries' tumultuous past and will move both nations to 
prosperity." 
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 imhact" of her work. Although the 
information in the letters from I land I and statements from the Petitioner 
reflect her intention to provide valuable services to her employers and clients, she has not offered 
sufficient evidence to demonstrate that the prospective impact of her proposed endeavor rises 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. Here, we find that the record does not adequately corroborate the Petitioner's 
assertions that her proposed endeavor stands to sufficiently extend beyond her employers and the 
companies they do business with to impact U.S. foreign trade or the film industry more broadly at a 
level commensurate with national importance. Nor has she shown that her particular services for 
I I andDwould have broader implications in furthering U.S. standing in the Middle East 
or advancing cultural relations between the United States and Iran. 
Furthermore, the Petitioner has not demonstrated that the specific endeavor she proposes to undertake 
has significant potential to employ U.S. workers or otherwise offers substantial positive economic 
effects for our nation. While the appeal brief alludes to a ~e boost to the U.S. economy resulting 
from projects she will pursue on behalf ofl I andl__J the record does not include sufficient 
evidence regarding any projected U.S. export growth or job creation attributable to her special counsel 
work. The record does not show that benefits to the regional or national economy resulting from the 
Petitioner's projects would reach the level of "substantial positive economic effects" contemplated by 
Dhanasar. Id. at 890. Accordingly, 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. Further analysis of her 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 
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, with each considered as an 
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Matter of L-F-
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 L-F-, ID# 6600817 (AAO Oct. 4, 2019) 
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