dismissed EB-2 NIW Case: Pastoral Counseling

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: AUG. 12, 2024 In Re: 32718071 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner seeks second preference immigrant classification as a member of the professions 
holding an advanced degree or as an individual of exceptional ability, 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 Nebraska Service Center denied the petition, concluding the Petitioner had not 
established eligibility for a waiver of the required job offer, and thus of the labor certification, would 
be in the national interest. 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 Christo '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, petitioners must 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. In addition, 
petitioners must show the merit of a discretionary waiver of the job offer requirement "in the national 
interest." Section 203(b )(2)(B)(i) of the Act. Matter ofDhanasar, 26 I&N Dec. 884, 889 (AAO 2016) 
provides that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, 1 grant 
a national interest waiver if: 
• The proposed endeavor has both substantial merit and national importance, 
• The individual is well-positioned to advance the proposed endeavor, and 
• On balance, waiving the job offer requirement would benefit the United States. 
1 See also 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Third in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver to be 
discretionary in nature). 
II. ANALYSIS 
Regarding the national interest waiver, the first prong relates to substantial merit and national 
importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Petitioner intends 
to work as a pastor, and offer services relating to pastoral counseling, "growing ... a mature firm that 
will engage the services of other skilled counselors." The Petitioner stressed, both with his petition 
and on appeal, the "social, cultural, and communal value" of his proposed endeavor, in which he 
proposes to "engage troubled communities" to teach them "coping mechanisms that will achieve 
responsible citizenship amidst their current grief and hurting." 
The Director determined the Petitioner established the substantial merit, but not the national 
importance, of the proposed endeavor. As it relates to substantial merit, the endeavor's merit may be 
shown in a range of areas such as business, entrepreneurialism, science, technology, culture, health, 
or education. Dhanasar, 26 I&N Dec. at 889. Because the record reflects the proposed endeavor falls 
within one or more of these areas, the Petitioner established the substantial merit aspect. 
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 specific endeavor that the 
foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. Although the Petitioner 
contends that his statement discussed the importance of mental health care in its relation to a 
community, the matter here is not whether mental health care or its related topics are nationally 
important. Rather, the Petitioner must demonstrate the national importance of his specific, proposed 
endeavor of providing his services as a pastor through his company in the Pennsylvania area. 
In Dhanasar, we 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. 
The Petitioner also argues the submission of his letters discussed the impact of his work in the field. 
Although the letters discuss the Petitioner's particular services, the letters do not show the broader 
impact of the Petitioner's work. Rather, they are limited to discussing his specific skills, and the 
writers' experiences working with and knowing the Petitioner. Moreover, the letters cover the 
Petitioner's prior work and accomplishments and relate more to the second prong rather than the first 
prong of the Dhanasar framework. 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 the work. Id. at 889. Here, 
the Petitioner did not demonstrate how his services would largely influence the field and rise to the 
level of national importance. In Dhanasar, we determined 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. The record does not show through supporting documentation how the Petitioner's endeavor 
2 
sufficiently extends beyond his prospective clients, to impact the field or the U.S. economy more 
broadly at a level commensurate with national importance. 
Finally, the Petitioner did not show how his pastoral counseling firm has significant potential to 
employ U.S. workers or otherwise offer substantial positive economic effects for our nation. While 
the Petitioner contends that "economic benefits may best be understood in a correlated rather than 
direct sense," the Petitioner did not sufficiently explain or demonstrate how his particular proposed 
endeavor would have any projected U.S. economic impact or job creation. Without such evidence, 
the record does not show any benefits to the U.S. regional or national economy resulting from his 
services or position would reach the level of "substantial positive economic effects" as contemplated 
by Dhanasar. Id. at 890. 
Because the documentation in the record does not establish the national importance of the 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 ofthe Petitioner's eligibility under 
the second and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose.2 
III. CONCLUSION 
As the Petitioner has not met the 
requisite first prong of the Dhanasar analytical framework, we conclude 
the Petitioner has not demonstrated eligibility 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. 
2 See INS v. Bagamashad. 429 U.S. 24, 25 (1976) (stating that agencies are not required to make "purely advisory findings" 
on issues that are unnecessmy to the ultimate decision); see also Matter olL-A-C-, 26 I&N Dec. 516, 526 n.7 (BIA 2015) 
( declining to reach alternate issues on appeal where applicants do not otherwise meet their burden of proof). 
3