dismissed EB-2 NIW Case: Personal Training

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : JUN. 26, 2023 In Re: 27490420 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a personal trainer, 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. 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 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 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, 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 their proposed endeavor; and 
• On balance, waiving the job offer requirement would benefit the United States. 
1 See also Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest 
waiver to be discretionary in nature) . 
II. ANALYSIS 
As it relates to 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. At initial filing, the 
Petitioner provided a personal statement indicating: 
I would very much like to be able to continue my work as a Master Trainer at the
I I studio, a place that since I received my work permit, I have the honor of 
serving a wide range of clients with serious physical and psychological 
limitations .... 
At ~we are creating a specific program for the obese, due to the astounding results 
my clients have been able to achieve. Improvements in their health are beginning to 
show in their professional lives, generating economic benefits to their employers, 
impacting industries far beyond my gym or just themselves. 
The program involves specific exercises tailored for obese individuals, a personalized 
weight control plan for each client and constant calculation of each client's BMI (body 
mass index). Through each training program my mentorship includes creating 
personalized exercises, leading to behavioral changes, both emotional and physical, 
which translates into positive changes not only in their lives but all around them, 
including family, co-workers, organizations and entire communities. 
My work will also extend beyondc=J Fitness and greatly impact our entire region in 
South Florida. As a representative ofc=] Fitness, I will also work in partnership with 
the city ofl Iproviding weekly classes to its citizens of all age groups 
and all fitness levels. I will lead at I linitially focusing on students who are 
overweight, obese grades 1 and 2 as well as the elderly population. 
I will also provide classes to one of the largest mentoring networks in the nation, Big 
Brothers Big [S]isters .... My role with the rganyation will consist of hosting fitness 
classes every Saturday, opening the doors of Fitness to host kids of all ages and 
weight classes. Besides fitness classes, I will provide guidance on nutrition and gradual 
changes in lifestyle. Many kids who come to this organization, comes from poor 
neighborhoods and broken families. They do not have the necessary support to 
maintain a healthy lifestyle. I will help children all overl Iand nearby 
regions make necessary changes to better their health and relationships .... 
2 
In response to the Director's request for evidence (RFE), the Petitioner submitted another personal 
statement indicating: 
My proposed endeavor is to work in the physical education field as a personal trainer with 
vulnerable groups. Vulnerable groups, also known as special populations or special 
groups, refers to particular groups of people with special fitness and exercise needs and 
typically require a greater level of supervision. This group includes those with diseases 
like heart disease, diabetes and other prevalent diseases and extends to those with injuries 
and specific situations like pregnancy, postpartum, seniors, etc. 
The Director determined the Petitioner demonstrated the proposed endeavor's substantial merit but not 
its national importance. On appeal, the Petitioner maintains: 
. . . [I]t is clear that [ the Petitioner's] continuing employment in the field of Physical 
Education goes far beyond simply maintaining a position but rather involves a 
passionate dedication to helping special and vulnerable groups of people achieve 
unprecedented fitness levels and reduce their risk of chronic diseases. Moreover, her 
work has already positively impacted the health and societal welfare of the United 
States, demonstrating the significance of her endeavor and the importance of evaluating 
it under this analytical framework. 
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 
references her submission of "Probative Research," including the benefits of physical activity, 
information relating to the personal trainer occupation, and background material regarding a wide 
range of topics, such as obesity, special populations, and exercise, the Petitioner must demonstrate the 
national importance of her specific, proposed endeavor of providing her particular master physical 
training services withD Fitness, obese grade levels 1 and 2 at I I and the local chapter 
of Big Brother Big Sisters of America in ._______ ___,Florida rather than the importance of 
physical trainers, physical education, or various health topics. 2 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. 
Moreover, the Petitioner contends that she presented expert opinion letters who found her proposed 
endeavor has national importance. The letters, however, make the same arguments, discussed above, 
relating to the importance of physical trainers, exercise, and various health issues in the United States 
rather than the national importance of her specific, proposed endeavor. Furthermore, the letters do not 
explain how the Petitioner's physical training services in the local ._______ _.Florida area have 
broader implications for our country. To evaluate whether the Petitioner's proposed endeavor satisfies 
2 The Petitioner's arguments and evidence relate more to the substantial merit aspect of the proposed endeavor rather than 
the national importance part. 
3 
the national importance requirement, we look to evidence documenting the "potential prospective 
impact" of her work. Dhanasar, 26 I&N Dec. at 889. Here, the Petitioner did not demonstrate how 
her proposed endeavor largely influences the field and rises 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. Likewise, the record 
does not show through supporting documentation how her master physical training services stand to 
sufficiently extend beyond her prospective clients at I Ior the local chapter 
of Big Brothers Big Sisters of America, to impact the industry or the U.S. economy more broadly at a 
level commensurate with national importance. 
Furthermore, the Petitioner did not demonstrate how her proposed endeavor has significant potential 
to employ U.S. workers or otherwise offers substantial positive economic effects for our nation. 
Without evidence regarding any projected U.S. economic impact or job creation attributable to her 
proposed endeavor, the record does not show any benefits to the U.S. regional or national economy 
resulting from her personal training activities 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 her 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 her eligibility under the second 
and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose. 3 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong ofthe Dhanasar analytical framework, we conclude 
that she 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. 
3 See INS v. Bagamasbad, 429 U.S. 24. 25 (1976) (stating that ·'courts and agencies are not required to make findings on 
issues in the decision of which is unnecessary to the results they reach"); see also Matter ofL-A-C-, 26 l&N Dec. 516,526 
n. 7 (BIA 2015) ( declining to reach alternative issues on appeal where an applicant is otherwise ineligible). 
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