dismissed EB-2 NIW Case: Logistics

U.S. Citizenship 
and Immigration 
Services 
In Re : 21798932 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 10, 2022 
Form I-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a general and operations manager, 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). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified 
for classification as a member of the professions holding an advanced degree but that the Petitioner 
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 additional documentation and a brief 
asserting that she is eligible for a national interest waiver. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit 
Section 291 of the Act, 8 U.S.C. § 1361. 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: 
(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 of job offer-
(i) National interest waiver. ... the 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 (AAO 2016). 1 Dhanasarstates that, after a petitioner has established 
eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as a 
matter of discretion, grant a national interest waiver if the petitioner demonstrates: (1) that the 
noncitizen's proposed endeavor has both substantial merit and national importance; (2) that the 
noncitizen 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 ofa labor certification. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
non citizen 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 noncitizen. 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 ce1iification. In performing 
this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the non citizen's 
qualifications or the proposed endeavor, it would be impractical either for the noncitizen 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 noncitizen's contributions; 
and whether the national interest in the noncitizen's contributions is sufficiently urgent to warrant 
forgoing the labor certification process. In each case, the factor(s) considered must, taken together, 
1 In announcing this new framework, we vacatedourp1iorprecedent decision,MattcrofNew York State Dep't of Transp., 
22 I&NDec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
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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 Petitioner 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 of a labor certification, would be in the national interest 
For the reasons discussed below, the Petitioner has not established that a waiver of the requirement of 
a job off er is warranted. 
Initially, the Petitioner described the proposed endeavor as a plan "to continue working as a [g]eneral 
and [ o ]perations [m]anager, to advise U.S. companies on how to properly plan, direct, and coordinate 
the operations of public or private sector organizations." The Petitioner further stated that the endeavor 
would entail the following: 
• Provide strategic business operations, financial, marketing, business-to-business, 
human resources, procurement and strategic management; 
• Planning and making financial accounting forecasts, analyses, statements and 
reports; 
• Creating and overseeing marketing, advertising, and promotion programs; 
• Negotiating contracts with vendors and clients; 
• Direct and coordinate activities of businesses or departments concerned with the 
pricing, sales, marketing, procurement and products and services; 
• Monitor sales and costs and the use of financial assets to ensure that companies 
efficiently and effectively provide needed goods or services within budgetary 
limits; 
• Ensure monetary success and company growth through effective management of 
daily operations; and 
• Generate U.S. tax revenue and create American jobs. 
In response to the Director's request for evidence (RFE), the Petitioner modified her proposed 
endeavor as follows: 
My proposed endeavor in the United States will provide a one-stop solution for 
transporting freight with highly qualified personnel dedicated to maintaining prompt 
and reliable services at competitive rates. Moreover, I will promote my proposed 
endeavor through my companyJ I an American-based start­
up company in the international logistic industry with the vision to facilitate goods 
purchased in the United States to ship anywhere in the globe. 
The Petitioner further stated that her endeavor would entail the following: 
2 SccDhanasar, 26l&NDec. at 888-91, for elaboration onthesethreeprongs. 
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• Conduct accurate shipping documentation research to improve practices and client 
satisfaction; 
• Penetrate the market in the business of operating a freight transportation and 
logistics company; 
• Develop employee capabilities to ensure a strong foundation for participation in a 
rapidly growing company; 
• Increase sales and revenue at a rate no less than 10% each year; 
• Stay up-to-date on freight transportation research to improve practices and 
customer satisfaction; 
• Offer premium [f]reight [m]anagement [s]ervices through quality management, 
quick delivery services, and innovative technology with the ability to adapt [sic] 
the objectives of our clients as our own; 
• Off er superior quality cargo handling and management services that include tmck 
hiring, transportation, freight documentation, customs clearance, warehousing, 
storage, and hauling services at competitive prices; 
• Job creation through the training of new logistics professionals and expand the 
operation of [f]reight [m]anagement [s]ervices; and 
• Generate U.S. tax revenue. 
The Petitioner also submitted a business plan for in response to the RFE. 
The business plan is undated and, although it contains a "Company History" section, it omits the date 
on which the company was founded. However, the Petitioner asserted in response to the RFE that she 
co-founded! land began working as its vice-president and CEO in April 2019. 
Publicly available information provided by the Florida Department of State confirms that 
has been registered to do business in the state of Florida since February 2019, 
before the April 2019 petition filing date. See Division of Records, Florida Department of State, 
Search Records: Corporations. Limited Liability Companies, Limited Partnerships. and Trademarks, 
https://dos.myflorida.com/sunbiz/search/ (lastvisitedAug. I 0, 2022). The business plan also provides 
limited information about the workers it employs or intends to employ. The extent of the business 
plan's "Personnel Plan" section is: I defines its total work force to protect 
the success of its business plan. All aspects of the business have been sufficiently analyzed to 
determine each and every position required to run a fully functioning operation that can complete all 
of the strategies and programs to be undertaken." The only employees the business plan acknowledges 
are the Petitioner, who serves as the company's vice president and CEO; the company's president; and 
the company's data analyst. The only work location provided for the company matches the Petitioner's 
private residential address, which the record does not establish is in an economically depressed area. 
See Dhanasar, 26 I&N Dec. at 889-90. 
In the decision, the Director concluded the record does not establish that the proposed endeavor has 
national importance, observing, "The [P]etitioner has not established that her proposed work has 
implications beyond her current employer (or any prospective employers or self-owned company), 
their business partners, alliances, clients, or her workplace at a level sufficient to demonstrate the 
national importance of her endeavor." The Director further concluded that "the petitioner has not 
established that her employment activities in the United States will have a broader impact on her field." 
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On appeal, the Petitioner references general "[i]ndustry [r]eports and [a]rticles, which discuss the 
important role that entrepreneur professionals play in every type of business and within all of 
Americans' homes and hearts." The Petitioner also asserts that her endeavor's freight transportation 
company has national importance because "during the COVID-19 pandemic, when supply chain issues 
have permeated virtually every industry, contributing to resource shortage and inflation, [it] is crucial 
to re stabilize domestic and international trade and commerce." 
In determining national importance, the relevant question is not the importance of the industry, field, 
or profession in which an individual will work; instead, to assess national importance, we focus on the 
"specific endeavor that the foreign national proposes to undertake." SeeDhanasar, 26 I&N Dec. at 
889. Dhanasarprovided examples of endeavors that may have national importance, as required by 
the first prong, having "national or even global implications within a particular field, such as those 
resulting from ce1iain improved manufacturing processes or medical advances" and endeavors that 
have broader implications, such as "significant potential to employ U.S. workers or has other 
substantial positive economic effects, particularly in an economically depressed area." Id. at 889-90. 
We first note that the petition filing date is in April 2019, predating the COVID-19 pandemic. A 
petitioner must establish eligibility at the time of filing the petition. See 8 C.F.R. § 103 .2(b )( 1 ). A 
petition may not be approved at a future date after a petitioner becomes eligible under a new set of 
facts. MatterofKatigbak, 14 I&N Dec. 45 (Reg. Comm'r 1971). Because the COVID-19pandemic 
began after the petition filing date, the Petitioner's activities with regard to the COVID-19 pandemic 
present anew set of facts that may not establish eligibility. See 8 C.F.R. § 103.2(b )(1 );see also Matter 
ofKatigbak, 14 I&N Dec. 45. Accordingly, we need not address that assertion further. 
Next, the Petitioner's references on appeal to general industry rep01is and articles is misplaced. The 
Petitioner does not specify which particular report or article addresses the "specific endeavor that the 
foreign national proposes to undertake" and how it may have national importance. See Dhanasar, 
26 I&N Dec. at 889. None of the general industry reports and articles refer to the Petitioner, the 
company she co-founded, or the specific endeavor she proposes to undertake; therefore, they do not 
establish how the proposed endeavor rises to the level of national importance. See id. 
As the Director observed, the Petitioner's proposed endeavor, which entails working as the vice 
president and CEO of a freight transportation company she co-founded, benefits the company she co­
founded, its clients, and its customers. However, the record does not establish how the Petitioner and 
her company's operations will have "national or even global implications within a particular field, 
such as those resulting from certain improved manufacturing processes or medical advances." Id. at 
889-90. Although the Petitioner asserts that her freight transportation company "operates in the 
international logistic industry," the record does not establish with specific data how its operations, 
among all freight transportation operations, rises to the level of having national or global implications. 
See id. Furthermore, the record does not establish how the Petitioner and her company's operations 
will have broader implications, such as "significant potential to employ U.S. workers or has other 
substantial positive economic effects, particularly in an economically depressed area." Id. The 
business plan in the record does not elaborate with any specific information about the number or types 
of workers the Petitioner's company plans to employ, other than herself, the company's president, and 
its data analyst. Even if the record established that the proposed endeavor has a significant potential 
to employ U.S. workers-which it does not-as noted above, the record does not establish that the 
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company's only identified workplace, which matches the Petitioner's home residential address, is in 
an economically depressed area, a factor which may help inform whether a proposed endeavor has 
national importance. See id. 
In summation, the Petitioner has not established that the proposed endeavor has national importance, 
as required by the firstDhanasar prong; therefore, she is not eligible for a national interest waiver. 
We reserve our opinion regarding whether the record satisfies the second or third Dhanasar prong 
See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) ("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 of 
L-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 the Petitioner has not established eligibility for, or otherwise merits, a national interest 
waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
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