dismissed EB-2 NIW Case: Nutrition

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: OCT. 8, 2024 In Re: 33964558 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a nutnt10nist, seeks employment-based second preference (EB-2) immigrant 
classification as an advanced degree professional, 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 Texas Service Center denied the petition, concluding that the Petitioner did not 
establish she is eligible for EB-2 classification, or that she merits a discretionary waiver of the job 
offer requirement, in the national interest. The matter is now before us on appeal pursuant to 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 Christo 's, Inc., 26 l&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. Once a 
petitioner demonstrates eligibility for the underlying classification, the petitioner must then establish 
eligibility for a discretionary waiver of the job offer requirement "in the national interest." Id. 
While neither the statute nor the pertinent regulations define the term "national interest," Matter of 
Dhanasar, 26 l&N Dec. 884 (AAO 2016), provides the framework for adjudicating national interest 
waiver petitions. Dhanasar states that U.S. Citizenship and Immigration Services (USCIS) may, as a 
matter of discretion, 1 grant a national interest waiver if the petitioner demonstrates that: 
1 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Ninth, Eleventh, and D.C. Circuit Courts (and Third 
in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary 
in nature). 
• 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. 
Id. at 889. 
II. ANALYSIS 
The Petitioner filed this petition on December 19, 2023. After analyzing the initial evidence, the 
Director issued a request for evidence (RFE), noting the deficiencies in the record, to which the 
Petitioner timely responded. The Director denied the petition concluding that the Petitioner did not 
establish her eligibility for EB-2 classification, and that she did not establish that a waiver of the job 
offer, and labor certification requirement, is in the national interest because she did not meet any of 
the three Dhanasar prongs. 
Because a petitioner must establish that they meet all three prongs of the Dhanasar framework to 
obtain a national interest waiver, if even one of the prongs is not established, a petitioner is ineligible 
for this waiver. Accordingly, we will analyze the Petitioner's evidence under prong one and, as 
explained below, because she has not established her eligibility under that prong, we decline to reach 
and hereby reserve the Petitioner's arguments regarding her eligibility for EB-2 classification and for 
the second and third prongs of the Dhanasar framework. See INS v. Bagamasbad, 429 U.S. 24, 25 
(1976) (noting that "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 ofL-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). 
A. Prong One of the Dhanasar Framework 
The first Dhanasar prong, substantial merit and national importance, focuses on the specific endeavor 
that the individual proposes to undertake and its "potential prospective impact." Matter ofDhanasar, 
26 I&N Dec. at 889. An endeavor's merit may be demonstrated in a range of areas such as business, 
entrepreneurialism, science, technology, culture, health, or education. The term "endeavor" is more 
specific than the general occupation; a petitioner should offer details not only as to what the occupation 
normally involves, but what types of work the person proposes to undertake specifically within that 
occupation. See generally 6 USCIS Policy Manual F.5(D)(l), https://www.uscis.gov/policy-manual. 
For example, while engineering is an occupation, the explanation of the proposed endeavor should 
describe the specific projects and goals, or the areas of engineering in which the person will work, 
rather than simply listing the duties and responsibilities of an engineer. Id. As such, we will first 
identify the Petitioner's endeavor as shown in the record. Then, we will evaluate the Petitioner's 
evidence in support of the endeavor's substantial merit and national importance. 
The Petitioner provided a business plan and documents to establish that her company, I 
(the !Florida, will develop a "brand-new nutrition culture (the Company), located inl 
among children that will be carried through generations, leading to social progress, and reducing the 
national chronic disease index." The Company will focus on promoting child nutrition by advocating 
for policy changes, engaging the community and parents through educational and cooking programs 
and workshops, and provide services to schools such as inspection of the hygiene protocols for food 
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handling to prevent cross contamination, and consulting schools regarding children's nutritional needs 
and menu preparation. Her endeavor will also focus on training professionals to prepare menus and 
monitor children's daily routines. As the endeavor's merit may be demonstrated in a range of areas 
such as business, entrepreneurialism, science, technology, culture, health, or education, we agree with 
the Director that the endeavor has substantial merit. Id. However, as discussed below, the Petitioner 
has not established that her proposed endeavor is of national importance. 
In describing the Company's national importance, the Petitioner asserts its services and mission aligns 
with federal government initiatives related to nutrition, hunger and health because it addresses the high 
societal costs of obesity and chronic disease. She explains that her endeavor will promote public 
health policy changes to benefit society and increase productivity as well as support the United States' 
military readiness. In addition, because her endeavor is a small business, she asserts that it is of 
national importance because it will lead to economic growth and the collection of sales tax to benefit 
local police and services. 
In her RFE response, the Petitioner contends the Director failed to consider evidence of her endeavor's 
national importance. Furthermore, the Petitioner asserts that Dhanasar does not require an endeavor 
to solve a national problem, but that the national importance standard can be met if an endeavor, such 
as hers, "aim[s] to solve certain problems that are present nationwide, even if the endeavor is in one 
geographic location." She further contends that by permitting highly qualified foreign nationals, like 
herself, to solve problems of national importance on a local level, the solution can be replicated across 
the country to larger effect. USCIS does not grant national interest waivers to all petitioners who wish 
to address issues of national scope unless the evidence establishes that the endeavor's broader 
implications have the "potential prospective impact" to establish its national importance. Matter of 
Dhanasar, 26 T&N Dec. 889. Here, the Petitioner asserts that the success of her endeavor will lead to 
replication, but there is no evidence of either her endeavor's success or of how her endeavor's 
prospective success will be replicated. See Matter ofChawathe, 25 I&N Dec. at 375 (standing for the 
proposition that to determine whether a petitioner has met their burden under the preponderance 
standard, we consider the quality, relevance, probative value, and credibility of the evidence). As 
such, her contentions are not persuasive. 
To support her assertions, the Petitioner relies heavily on industry reports and articles discussing the 
importance of high skilled immigrants and immigrant entrepreneurship to economic growth and 
American competitiveness. We acknowledge the Petitioner's assertions, and the articles she provides 
that discuss these topics. However, while the articles provide a context for some of her assertions, 
they do not specifically discuss the Petitioner's proposed endeavor or explain how her endeavor would 
have broader implications. Id. We also acknowledge the Petitioner's evidence documenting the 
various federal government programs (SNAP, Let's Move, etc.) and the U.S. Department of 
Agriculture's significant monetary investment to promote the consumption of fruits and vegetables in 
the United States, as well as the push to fund Medicaid and Medicare's food is medicine initiatives. 
However, merely working in an important field or profession is insufficient to establish the national 
importance of the proposed endeavor, as we explained in Dhanasar. Matter of Dhanasar, 26 I&N 
Dec. at 889. As such, while these assertions may support the substantial merit of the Petitioner's 
endeavor, they do not establish her endeavor's national importance. Matter of Chawathe, 25 I&N 
Dec. at 375. 
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The Petitioner stresses that her endeavor aligns with federal government initiatives aimed at 
maintaining the U.S.'s STEM competitiveness and entrepreneurialism. We acknowledge the 
importance of STEM technologies and research, whether in academic or industry settings, and while 
these have substantial merit in relation to U.S. science and technology interests, the Petitioner has not 
established how the Company's mission and services align with the federal government's STEM 
initiatives or affect the U.S. economy more broadly, consistent with national importance. Matter of 
Chawathe, 25 I&N Dec. at 376. Furthermore, we acknowledge entrepreneurialism is an important 
driver of job creation and innovation in the United States, however while this supports the substantial 
merit of her proposed endeavor, it does not establish the endeavor's national importance because her 
specific endeavor of providing nutrition services to schools, communities, and families, does not affect 
the U.S. economy or provide broad societal benefits consistent with national importance. Id. As stated 
above, the relevant question is not the importance of the field, industry, or profession in which the 
individual will work. Instead, we focus on the "the specific endeavor that the foreign national proposes 
to undertake." Matter ofDhanasar, 26 I&N Dec. at 889. 
We acknowledge the two provided letters from school officials in Florida expressing an interest in 
partnering with the Company to improve nutrition standards. One of the letters pointed out that there 
is a lack of nutritionists in Florida; however, the labor certification process itself is intended to address 
labor shortages and her proposed endeavor does not appear to alleviate the shortage of nutritionists to 
such a degree that it would be considered of national impact. Furthermore, while the two letters 
emphasize the general problem of lack of proper nutrition that is impacting children in the United 
States, and the importance of childhood nutrition education, the letters are insufficient to establish her 
endeavor's national importance because they speak to the substantial merit of her endeavor, but do not 
establish its national importance. Matter ofChawathe, 25 I&N Dec. at 376. 
USCIS may, in its discretion, use as advisory opinions statements from universities, professional 
organizations, or other sources submitted in evidence as expert testimony. Matter of Caron Int 'l, 19 
I&N Dec. 791, 795 (Comm'r. 1988). However, USCIS is ultimately responsible for making the final 
determination regarding a foreign national's eligibility. Thus, the submission of letters from experts 
supporting the petition is not presumptive evidence of eligibility. Id., see also Matter ofD-R-, 25 I&N 
Dec. 445, 460 n.13 (BIA 2011) ( discussing the varying weight that may be given expert testimony 
based on relevance, reliability, and the overall probative value). Here, the Petitioner provides a letter 
from an assistant professor of nutrition science from I I Similar to the reports 
and articles previously mentioned, the letter focuses on explaining the general problems of childhood 
obesity and lack of nutrition, and the vital role nutritionists play in confronting these problems. In 
addition, the writer highlights the growth of the nutritionist and dietitians' fields according to 
IBISWorld because of an increasing demand for these services. Thus, the writer contends these factors 
establish the endeavor's economic impact and significant potential to employ U.S. workers. Finally, 
the writer asserts the endeavor aligns with efforts from government organizations like the National 
Alliance for Nutrition and Activity, which promotes public policy changes related to nutrition and 
physical activity. In essence, the writer restates similar national importance arguments asserted by the 
Petitioner, and which we addressed in the paragraphs above, therefore, these assertions are insufficient 
to establish the endeavor's national importance. Id. 
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On appeal, the Petitioner provides a legal brief, which advances several arguments for why the 
Director erred in their analysis. 2 First, the Petitioner contends that she was held to a "significantly" 
higher than preponderance of the evidence standard and outlines the evidence she contends establishes 
her burden. However, this general assertion, without specific examples, is unpersuasive. Matter of 
Chawathe, 25 I&N Dec. at 376. Moreover, in our de novo review, we agree with the Director's 
evaluation of the evidence and the weight afforded to it. 
Next, the Petitioner provides several paragraphs equating her endeavor to "almost as radical as the 
Copernican revolution in the sciences and philosophy" and further asserts that she intends to be present 
in the "largest number of places and times possible ... and make known high-quality research results." 
The Petitioner describes the research process and how research typically reaches the general public to 
support her assertion that her endeavor will disseminate knowledge to such a degree that it will result 
in substantial economic benefits "on a national scale" because the training she will offer will reach 
each "professional ... [who] will hold attendance to hundreds of American professionals, children 
and schools, disseminating their new acquired knowledge into the national population and the 
country's workforce." The Petitioner's contentions are unpersuasive, however because these are 
general assertions, without supporting evidence, and therefore, do not establish her burden. Id. While 
we acknowledge her endeavor includes training nutritionists and spreading nutrition information, the 
primary focus of her endeavor is not research, and therefore her effusive claims are not supported by 
the evidence. Id. 
The Petitioner explains that there is "no requirement to present concrete evidence of the endeavor's 
commencement of activities" and asserts her detailed business plan is sufficient evidence to establish 
prong one. We acknowledge that a business plan can be evidence of an endeavor's purpose and scope 
and can establish its substantial merit. But a business plan may be insufficient to establish the national 
importance of an endeavor if it is not supported by sufficient material, relevant, and probative evidence 
of the endeavor's national, or even global, impact or broader implications. Id. And, the Petitioner 
asserts that the Director erred by comparing her endeavor to teaching, which Dhanasar determined 
was insufficient to meet the national importance standard because the impact would be limited to 
students. Instead, she argues that her endeavor can be distinguished because her endeavor is a 
"technical consulting and training company, with the preparation ofprocedural manual services, which 
is entirely different from the work of a classroom teacher of specific subjects." However, the 
Director's use of analogous facts is useful to explain that generally, endeavors that provide services 
(in this case, nutrition counseling for schools, communities, and families) are insufficient to establish 
their national importance, because the impact of these services are limited. Here, although the 
Petitioner's endeavor includes the production of training manuals, there is no objective evidence to 
show that these manuals have been produced, or that the prospective impact of these manuals or her 
2 On appeal, the Petitioner provided two research papers on the importance of childhood nutrition, an article titled 
"Disseminating Knowledge About North America from Flyers to Instagram," and a printout ofNAFSA's Q&A special 
session with the Biden Administration. In general, because our decisions are limited to the evidence in the record at the 
time of the unfavorable decision, and appellate regulations have never explicitly allowed for the submission of evidence 
with regular appeals, when new evidence is submitted with an appeal, we will apply Matter ofSoriano, 19 I&N Dec. 764 
(BIA 1988) and Matter ofObaigbena, 19 I&N Dec. 533 (BIA 1988) to determine whether we will consider the evidence 
in our decision. Here, because the Director put the Petitioner on notice of the deficiencies in the record, she was given a 
reasonable opportunity to respond, and the evidence was available to her for inclusion in her RFE response, we decline to 
consider it for the first time on appeal. 
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trammg services will be sufficiently broad to be commensurate with national importance as 
contemplated by Dhanasar. Matter ofDhanasar, 26 I&N Dec. at 889. 
We agree with the Petitioner's general contention that there is no explicit requirement for an endeavor 
to have commenced in order to meet prong one of the Dhanasar framework. However, because the 
national interest waiver regulations cover a wide range of endeavors, we must evaluate each endeavor 
to determine if the three Dhanasar prongs have been met. For example, as it relates to the Petitioner's 
endeavor, there are many nutritionists working in the field on issues related to childhood obesity, 
chronic disease, and the societal ills that stem from these. However, because the prevalence of these 
conditions continues to increase, it is clear that while nutritionists may be helping individual clients 
or communities, the larger impact of their work is not sufficient to be considered nationally impactful. 
Similarly, here, we agree with the Director that the Petitioner has not established her endeavor's 
national importance because it does not sufficiently extend beyond her own company, any employees, 
clients, and other entities or individuals to whom she will provide services. 
We explained in Dhanasar 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 ... 
may well be understood to have national importance." Matter ofDhanasar, 26 I&N Dec. at 890. We 
acknowledge that the Petitioner's business plan projects the creation of twelve positions and 24 jobs 
by its fifth year of operation, as well as $2.297 million in gross revenue, net profit of $389,707, 
$259,000 in payroll taxes, and paid $770,000 in federal and state taxes by its fifth year of operation. 
However, her business plan does not sufficiently detail the basis for the revenue and staffing 
projections, nor does it adequately explain how the revenue and staffing projections will be realized. 
Matter of Chawathe, 25 I&N Dec. at 376. Although she provides a regional input-output modeling 
systems3 (RIMS) analysis to project a multiplier effect of 111.13 jobs, the RIMS modeling relies on 
various assumptions,4 which renders it insufficient, by a preponderance of the evidence, to support her 
assertion that her endeavor will create the economic benefits she asserts. Id. 
We have considered the Petitioner's assertion that the Director erred by concluding her endeavor does 
not meet Dhanasar 's "significant potential to employ U.S. workers" because they instead 
misinterpreted it to require a "potential to employ a significant number of U.S. workers." However, 
as we explained above, it is not that the Petitioner's projected 24 jobs by the Company's fifth year of 
operation is not significant. Instead, the issue is that her business plan, alone, is insufficient to 
understand the basis for these projects, and thus she cannot meet the "significant potential to employ 
U.S. workers" standard. Matter of Chawathe, 25 I&N Dec. at 376. The Petitioner also asserts that 
her business plan should be sufficient evidence of her endeavor's national importance because the 
"new framework introduced by Matter of Dhanasar ... aimed to tum the EB2 NIW more accessible 
to applicants." We agree with the Petitioner's general contention that our decision in Dhanasar 
provides greater clarity and flexibility for self-petitioners, like her; however, many of her general 
assertions relate to her endeavor's substantial merit, but do not establish the broad prospective impact 
required under Dhanasar to establish its national importance. As such, without more, the Petitioner 
has not established that her endeavor will have the significant potential to employ U.S. workers or 
3 Public source information shows that RIMS multipliers were developed by the U.S. Bureau of Economic Analysis to 
help economists analyze the potential impacts of economic activities on regional economies. See 
https://guides.library. upenn.edu/RIMSIIdata. 
4 See, https://www.bea.gov/news/blog/2020-08-03/bea-updates-regional-economic-tool. 
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other substantial positive economic effects at a level commensurate with national importance. Matter 
ofDhanasar, 26 I&N Dec. at 890. 
In sum, the record as currently composed does not establish that the asserted prospective benefits rose 
to a level of national importance either through their broader implications influencing matters in the 
national interest or potential positive economic effects, such as influencing greater employment levels 
in historically high unemployment areas. 
III. CONCLUSION 
The Petitioner has not established the national importance of her proposed endeavor, and consequently 
that a waiver of the job offer and labor certification process, in the exercise of our discretion, is in the 
national interest. 
ORDER: The appeal is dismissed. 
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