dismissed EB-2 NIW Case: Logistics

U.S. Citizenship 
and Immigration 
Services 
In Re : 11853012 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JUN. 7, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner 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 while the Petitioner 
established his eligibility as a member of the professions holding an advanced degree, he had not 
established that a waiver of the required job offer , and thus of the labor certification, would be in the 
national interest. 
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 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, 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 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. 
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, USCIS 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 
sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) 
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). 
2 
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 
As acknowledged by the Director, the record demonstrates that the Petitioner qualifies as a member 
of the professions holding an advanced degree. 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. 
The Petitioner states that he intends to "continue [his] career in the United States as a Logistics 
Services Consultant." At the time of filing, the Petitioner was the owner ofl I, ;::ii I 
company established in 2017 primarily engaged in the provision ofL_--r~~~~~ 1utions. Prior 
to that, the record indicates that he was employed as area sales mana er forl I I I from 2015 to 201 7, and as corporate sales manager for~----~ from 2011 to 2015. 
In response to the Director's request for evidence (RFE), the Petitioner indicated that subsequent to 
the petition's filing, he started a new business in the United States~---------~ a separate 
legal entity continuing and expanding the business operations of his foreign company. 
The Petitioner indicated that his proposed endeavor is to "grow a multimodal logistics business not 
only to consult and provide needed logistics services to US companies doing business abroad but also 
bring foreign investment to create even more businesses inside the US domestic economy and 
particularly the logistics industry." He farther stated that he has "already signed many clients" and is 
working on I l logistics projects, and that he "has many more potential deals 
including large amounts of foreign investment that is projected to come to the US to create even more 
American jobs and tax revenue." 
The Director determined that the Petitioner's proposed endeavor has substantial merit, and we agree 
with that determination. The record includes information about the field of supply chain management 
and the manner in which logistics solutions contribute to its operations, as well as the need to ensure 
effective and uninterrupted movement of goods and supplies to benefit the national economy. The 
Petitioner also discussed his company's operations, noting that its current projects in both the I I 
I !sectors are both national and international in scope and will ensure the continuity of supply 
movement between the United States and foreign countries. While the record demonstrates that the 
Petitioner's proposed work generating logistics solutions for the supply chain management industry 
has substantial merit, for the reasons discussed below, the evidence is not sufficient to show this 
endeavor's national importance. 
2 See Dhanasar, 26 T&N Dec. at 888-91, for elaboration on these three prongs. 
3 The record indicates that the Petitioner earned a bachelor in social communication from.__ ______ ~ __ __. 
in 2010, and the record contains an academic credentials evaluation froml l.org equating this degree to a U.S. 
bachelor's degree in communication. The Petitioner also submitted letters from his former employers demonstrating he 
possesses the requisite five years of post-baccalaureate experience. Additionally, the record demonstrates that the 
Petitioner attained a post-graduate program certificate from the College of Economics and Finance I lin business 
management in 2014, equated by World Education Services to be equivalent to a one-year U.S. graduate certificate from 
a regionally accredited institution. 
3 
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. 
Therefore, to evaluate whether the proposed endeavor satisfies the national importance requirement 
we look to evidence documenting the "potential prospective impact" of the Petitioner's work. The 
Petitioner submitted a copy of his company's business model which outlines the company's goals, 
noting that it was created as a result of his past achievements and 1 O+ years of experience in the 
industry. According to the model, his company's operations will be composed of three activities, or 
"pillars," described as follows: 
Pillar 1 - Intemationa~ I Logistics Consulting Services 
Pillar 2 -Attract Foreign Investment to the US Domestic Logistics Industry 
Pillar 3 -I !Logistics Equipment Rental 
The Petitioner indicated that the integration of the three pillars listed above "allows for the integration 
and complementary relation between [the] pillars in order to favor the US economy." He also provided 
examples of how combining I transportation under a single contract (for example, ground 
and rail, or air, water, and ground) will simplify the import and export process for clients and 
companies in the United States and abroad. The Petitioner contends that the national importance of 
his endeavor is thus evident from his company's business operations and its potential to provide 
essential logistics services to U.S. companies as well as those doing business abroad. He further states 
that his company's ability to attract foreign investments will create more business in the U.S. logistics 
industry. 
Although the Petitioner's statements reflect his intention to provide valuable logistics solutions to 
benefit his clients, he has not offered sufficient information and evidence to demonstrate that the 
prospective impact of his proposed endeavor rises to the level of national importance. Rather, his 
business plan and proposed operations appear to rely primarily on retaining clients in need of specific 
solutions to simplify their ability to move their products in an efficient manner. While we 
acknowledge his submission of numerous articles and statistics discussing the manner in which 
transportation and logistics, and foreign entrepreneurship, is essential to the continued growth of the 
American economy, the record contains insufficient evidence to demonstrate that the Petitioner's 
proposed logistics solutions offer national or global implications within the logistics field or the supply 
chain management industry. 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, the record does not show that the Petitioner's proposed endeavor stands to 
sufficiently extend beyond his company and clientele to impact his field or the U.S. economy more 
broadly at a level commensurate with national importance. 
4 
Furthermore, the Petitioner has not demonstrated that his proposed endeavor has significant potential 
to employ U.S. workers or otherwise offers a substantial positive economic impact. The Petitioner 
repeatedly asserts that his proposed logistics solutions will result in increased foreign investment, 
which will eventually create new business opportunities and new jobs in the logistics sector. He states 
that "my proposed endeavor through my business is positioned [to] create a tremendous amount of 
new American jobs (both direct and indirect), international investment into the US domestic economy 
and revenue to suppliers, logistics handlers and many other businesses through my logistics consulting 
company! I and its current and future clients' logistics operations." Although the 
Petitioner's business model includes his company's financial projections and profit and loss 
expectations for its first five years of operations, the record contains no similar documentation or 
evidence demonstrating that his logistics solutions will have a positive effect on the regional or 
national economy. Nor has the Petitioner shown that his undertaking would offer a substantial 
economic benefit through employment levels or revitalization of an economically depressed area, for 
example. While the record contains testimonials from clients recognizing the favorable impact the 
Petitioner's logistics solutions have had on their companies, there is insufficient evidence that such 
solutions will extend beyond the Petitioner's immediate clients to substantially benefit the supply 
chain management industry. 
The Petitioner has not established that his proposed logistics solutions will have implications beyond 
his U.S. company and its clients at a level sufficient to establish the national importance of his 
endeavor. While we acknowledge that the Petitioner seeks to provide solutions that enable clients to 
transport their goods and supplies efficiently, and thus bolster their business operations, the record 
does not show that the specific work he proposes to undertake offers original innovations that advance 
the field of logistics solutions, or otherwise has broader implications in the field of supply chain 
management. Without sufficient information or evidence regarding any projected U.S. economic 
impact or job creation attributable to his future work, the record does not show that benefits to the U.S. 
regional or national economy resulting from the Petitioner's logistics solutions 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. 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we conclude 
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. 
ORDER: The appeal is dismissed. 
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