dismissed EB-2 NIW Case: Mental Health

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : JULY 19, 2023 In Re: 26991367 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an entrepreneur in the mental health industry, seeks employment-based second 
preference (EB-2) 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 classification. See 
Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2). 
The Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish that the Petitioner is eligible for or otherwise merits a national interest waiver as a matter of 
discretion . 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 Christa's, Inc., 26 I&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 , 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. Section 203(b )(2)(B)(i) of the Act. 
"Advanced degree" means any U.S. academic or professional degree or a foreign equivalent degree 
above that of baccalaureate. 8 C.F.R. § 204.5(k)(2). A U.S. baccalaureate degree or a foreign 
equivalent degree followed by five years of progressive experience in the specialty shall be considered 
the equivalent of a master's degree . Id. 
"Profession" means one of the occupations listed in section 101(a)(32) of the Act, 8 U.S.C. § 
l 10l(a)(32), 1 as well as any occupation for which a U.S . baccalaureate degree or its foreign equivalent 
is the minimum requirement for entry into the occupation. 8 C.F.R. § 204.5(k)(2). 
1 Profession shall include, but not be limited to, architects, engineers, lawyers, physicians, surgeons, and teachers in 
elementary or secondary schools, colleges, academics, or seminaries. Section 10l(a)(32) of the Act. 
niversit 
__..____ __,.-------.-J 
Once a petitioner demonstrates eligibility as either a member of the professions holding an advanced 
degree or an individual of exceptional ability, they must then establish that they merit a discretionary 
waiver of the job offer requirement "in the national interest." Section 203(b)(2)(B)(i) of the Act. 
While neither the statute nor the pertinent regulations define the term "national interest," Matter of 
Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016), provides the framework for adjudicating national 
interest waiver petitions. Dhanasar states that U.S. Citizenship and Immigration Services (USCIS) 
may, as matter of discretion 2, grant a national interest waiver if the petitioner demonstrates that: 
• The proposed endeavor has both substantial merit and national importance; 
• The individual is well-positioned to advance their proposed endeavor; and 
• On balance, waiving the job offer requirement would benefit the United States. 
II. ANALYSIS 
At the time of filing her petition, the Petitioner proposed to work in the United States as an independent 
business owner in the fields of programming, psychology, and health care. 3 In response to a request 
for evidence (RFE), the Petitioner proposed to work in the United States as the president and lead 
psychologist of her company,! I which will provide mental health services, 
alleviating issues resulting from mental health disorders and providing relief to individuals in the 
United States. 4 
The Petitioner holds a diploma in accounting and audit from 
and a diploma in multipurpose use and conservation of water resources fro 
University. The Petitioner submitted an evaluation report of her academic records from._______, 
the director of.__ ________ ~ The education evaluation report states that the diplomas are 
the academic equivalents of a bachelor's degree and a master's degree in civil engineering and in 
economics and accounting from a re ionall accredited institution in the United States. The Petitioner 
also submitted a letter fro the director and chief accountant ofi I 
'-------~---~-----------~ which states that the Petitioner worked for 
the company as the chief accountant from August 2014 to August 2020. The Director determined that 
she is eligible for the EB-2 classification as a member of the professions holding an advanced degree, 
and we agree. 
The remaining issue on appeal is whether the Petitioner is eligible or otherwise merits a waiver of that 
classification's job offer requirement. We conclude that she is not. While we may not address each 
piece of evidence individually, we have reviewed and considered each one. 
The first prong of the Dhanasar analytical framework, substantial merit and national importance, 
focuses on the specific endeavor that the individual 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. Dhanasar, 26 I&N Dec. at 889. 
2 See also Poursina v. USCIS. 936 F.3d 868 (9th Cir. 2019) (finding USCTS' decision to grant or deny a national interest 
waiver to be discretionary in nature). 
3 See Exhibit B-1: A statement of the Petitioner in support of her petition, undated. 
4 See Exhibit 3: Business Plano~ I, at 3, dated 2022. 
2 
The Director determined that the Petitioner's proposed endeavor to provide mental health services has 
substantial merit, and we agree. Regarding national importance of the proposed endeavor, the Director 
determined that the Petitioner has not submitted a detailed description of the proposed endeavor and 
documentary evidence demonstrating that the proposed endeavor will have potential prospective 
impact. 
On appeal, the Petitioner states that she plans to work in the United States as an entrepreneur in the 
mental health industry through her company,.__ ______ ___. which offers accessible online 
psychology consultations to provide quality mental health treatment to patients who are suffering from 
mental health problems. The Petitioner also states that she will launch a program for psychology 
interns and will use clinical research to advance psychological understanding in the United States. We 
find that the Petitioner has provided a detailed description of her proposed endeavor. 
The Petitioner contends that her proposed endeavor has national importance because of the growing 
demand for mental health solutions. The Petitioner asserts that one out of every five people in the 
United States had a mental illness in 2019; that at the height of the pandemic, 40% of adults reports 
symptoms of anxiety or depression; that the United States does not have enough mental health 
professionals to treat everyone who is suffering; and that within a few years, the United States will be 
short between 14,280 and 31,109 psychiatrists. 
The U.S. Department of Labor addresses worker shortages through the labor certification process, and, 
therefore, a shortage of qualified professionals alone is not sufficient to demonstrate eligibility for the 
national interest waiver. See Matter ofNew York State Department of Transportation, 22 I&N Dec. 
215,218 (Act. Assoc. Comm'r 1998). 
The Petitioner also contends that her proposed endeavor has a national impact on the mental health 
field because mental health is crucial to our well-being, because mental health affects our everyday 
life from childhood and adolescence through adulthood, and because mental illness are the most 
common health conditions in the United States as mental illness is experienced by one out of five 
Americans. 
In support of her permanent residence in the United States and request for a national interest waiver, 
the Petitioner submitted an advisory opinion letter froml Ia professor of psychology at 
I !University. I I asserts that the Petitioner's proposed endeavor has significant 
national and global impact, is a matter related to national initiatives, has substantial positive economic 
effects, and present solutions for individual and societal wellbeing. 
Regarding the advisory opinion letter froml IUSCIS may, in its discretion, use as 
advisory opinions statements from universities, professional organizations, or other sources submitted 
in evidence as expert testimony. See Matter o_f Caron International, 19 I&N Dec. 791, 795 (Comm'r 
1988). Nevertheless, USCIS is responsible for making the final determination regarding a petitioner's 
eligibility for the benefit sought. See id. 
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 
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foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. In addition, we 
indicated 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 her work. The Petitioner 
incorporated her company,I lin September 2022 and asserts that her company will 
assist people with psychological problems by offering online consultations and providing coaching 
sessions, sessions for midlife crises, career-related counseling, sessions for concerns involving parents 
and children, and individual and family consultations. 5 The Petitioner claims that through her 
company, she will positively influence U.S. mental health by offering therapy and teletherapy in the 
designated health professional shortage areas, which are areas where the ratio of mental health 
professionals to residents is smaller than 1 per 30,000 people. 6 The Petitioner also claims that she will 
contribute to the expansion of psychological knowledge in the United States through clinical research. 7 
The Petitioner further claims that her efforts will increase the qualifications and number of the U.S. 
mental health professionals, will benefit U.S. individuals, and will generate positive impacts on the 
U.S. economy by creating jobs and collecting taxes. 8 
While we acknowledge the Petitioner's claims, she has not provided sufficient evidence to substantiate 
them. For example, she has not provided sufficient documentary evidence that her proposed endeavor 
as the president and lead psychologist of her company would impact the mental health industry more 
broadly rather than benefiting her own company and its clients. Also, the Petitioner has not sufficiently 
explained how her company, which provides mental health services to individuals, will increase the 
qualifications and number of mental health professionals in the United States. In addition, the 
Petitioner has not provided further details regarding the claimed clinical research, such as research 
areas, research objects, any funding for research, how research will be conducted, or objectives of 
research, which would enable us to determine whether the research will contribute to the expansion of 
psychological knowledge in the United States. Moreover, the business plan does not provide the 
location of the company, service areas, target market, prospective clients, or other sufficient evidence 
to establish that her company will provide mental health services in the designated health professional 
shortage areas. Without sufficient documentary evidence of their broader impact, the Petitioner's 
proposed employment does not meet the national importance element of the first prong of the 
Dhanasar framework. 
As for the economic value and job creation that the Petitioner asserts her company will offer, the 
business plan includes projections of $435,000 in total sales and hiring of six psychologists in the first 
year of operation and $1,234,000 in total sales and hiring of 13 additional employees, including 
psychologists, an accountant, a personnel officer, an operations manager, and a creative director in the 
5 See id. at 5. 
6 See id. at 4. 
7 See id. 
8 See id. at 5. 
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fifth year of operation. 9 However, the business plan does not provide sufficient details of the basis for 
these projections or adequately explain how these sales and staffing targets will be realized. Moreover, 
even if all the projections in the business plan were realized, the record lacks sufficient evidence 
demonstrating that the Petitioner's business will have an impact on the mental health industry or the 
U.S. economy at a level commensurate with national importance. Furthermore, the Petitioner has not 
offered sufficient evidence that her company will employ a significant population of workers in an 
economically depressed area or that her endeavor would offer a particular U.S. region or its population 
a substantial economic benefit through employment levels or business activity. Nor has the Petitioner 
demonstrated that any increase in her company's revenue stands to substantially affect economic 
activity regionally or nationally. The Petitioner has not otherwise provided sufficient information and 
evidence to demonstrate the prospective impact of her proposed endeavor rises to the level of national 
importance. Accordingly, the record does not sufficiently demonstrate the Petitioner's proposed 
endeavor is of national importance. 
On appeal, the Petitioner submits printouts from her company website and certificates of training in 
use of art tools in gestalt therapy, introduction to gestalt therapy, and gestalt counseling froml I 
Institute I I The company website and training certificates show the 
Petitioner's commitment and qualifications to drive the endeavor forward, which may support that the 
Petitioner is well positioned to advance the proposed endeavor under the second prong of the 
Dhanasar framework. However, these documents do not support that the Petitioner's proposed 
endeavor is of national importance. 
Because the documentation in the record does not establish by a preponderance of the evidence the 
national importance of her proposed endeavor as required by the first prong of the Dhanasar precedent 
decision, the Petitioner has not demonstrated by a preponderance of the evidence eligibility for a national 
interest waiver. Further analysis ofher eligibility under the second and third prongs outlined in Dhanasar, 
therefore, would serve no meaningful purpose. We will reserve these issues for future consideration 
should the need arise. 10 
III. CONCLUSION 
Although the Petitioner has shown that she is a member of the professions holding an advanced degree 
and that her proposed endeavor to work in the United States as an entrepreneur in the mental health 
industry has substantial merit, she has not shown by a preponderance of the evidence that her proposed 
endeavor has national importance. Accordingly, the Petitioner has not established by a preponderance 
of the evidence that she is eligible for or otherwise merits a national interest waiver as a matter of 
discretion. 
ORDER: The appeal is dismissed. 
9 See id. at 32-34. 
10 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 l&N Dec. 516. 526 n.7 (BIA 
2015) ( declining to reach alternate issues on appeal where an applicant is otherwise ineligible). 
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