dismissed EB-2 NIW Case: Psychology

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 5, 2023 In Re: 28980895 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a clinical and counseling psychologist, 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 Nebraska Service Center denied the petition, concluding the Petitioner had not 
established 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 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, petitioners must demonstrate qualification for the 
underlying EB-2 visa classification, as either an advanced degree professional or as 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 
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's initial cover letter 
indicated: 
. . . [The Petitioner] intends to advance her career as a Clinical and Counseling 
Psychologist, to assess, diagnose, and treat patients with psychiatric pathologies and to 
help improve communication and cognitive disorders in children and adults. She intends 
to provide high-quality care to patients with disorders or injuries that affect their cognitive 
and mental well-being. Her expertise and knowledge will contribute to the U.S. because 
of the growing demand for psychologists in schools and healthcare facilities. 
[The Petitioner] intends to continue using her expertise and knowledge in the field of child 
counseling and psychology to help people improve cognitive skills related to mental and 
interpersonal communication. She has extensive experience working in clinical 
psychology, child counseling, CBT (Cognitive Behavioral Therapy), Filial Therapy, 
EMDR, and Transactional Therapy techniques. Through her 15 years of professional 
experience in child counseling and psychology, [the Petitioner] is qualified to accurately 
diagnose and treat persons of all ages in schools, hospitals, rehabilitation centers, and 
private practices. This will contribute to U.S. education and healthcare because of the 
growing demand for Clinical and Counseling Psychologist. 
Further, the Petitioner's "Professional Plan & Statement" reflected: 
... I intend to continue my career as a Psychologist in the United States. I intend to work 
with the U.S. healthcare system, providing expert advice to children and parents. In this 
role, I will transform the healthcare system for which I work into an efficient system 
because I understand dealing with a scarcity of resources and materials while providing 
quality and persistent treatment to reintegrate individuals back into society. My extensive 
career of working with children with a wide array of emotional problems will benefit the 
U.S. health industry, experiencing a shortage of Psychologists. 
[M]y professional goal is to be a Psychologist specializing in Psychological Counseling 
in the U.S. I will continue my career in the United States as a Psychologist and open my 
own private office where I can provide group therapy work like filial therapy .... 
I will educate child caretakers by group counseling either in the early childcare centers or 
in an office. I will arrange group counseling sessions for the families helping them to 
raise their babies or toddlers. I will apply the Filial Therapy method in these groups. Filial 
therapy provides parents with training in basic play therapy techniques to use these 
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techniques with their children. Parents can increase their listening skills, which will help 
them better understand their children .... 
In response to the Director's request for evidence (RFE), the Petitioner submitted a "Definitive 
Statement" indicating: 
I intend to continue my expertise and knowledge to work as a Clinical and Counseling 
Psychologist and Entrepreneur managing and operating my own company and contribute 
to the U.S. economy. I will do this by developing and expanding my existing business in 
the nation, [M-J-H-E-S-, LLC], a child-focused education center that will offer a 
professional teaching service. 
I will pursue my endeavor by leveraging my vast professional experience in child 
psychology, carrying out several successful projects in my field. Additionally, I will seek 
to have all the complementary memberships necessary for my company to achieve the 
best possible results in the US. I will also continue my education in the field by attending 
courses from industry leaders and role models to improve company results towards its 
goals. In this capacity, I will generate jobs for U.S. workers, as well as create continuous, 
significant, and profitable opportunities for the national economy. 
Regarding substantial merit, the endeavor's merits may be demonstrated in a range of areas such as 
business, entrepreneurialism, science, technology, culture, health, or education. Dhanasar, 26 I&N 
Dec. at 889. The Petitioner provided "Industry Reports and Articles" on a wide range of topics 
pertaining to psychology, counseling, mental health, and other related areas, as well as a business plan 
for M-J-H-E-S-, LLC. Here, the Petitioner has shown the substantial merit of her proposed endeavor. 
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 she 
emphasizes her submission of "Industry Reports and Articles," the Petitioner must demonstrate the 
national importance of her specific, proposed endeavor of providing her particular counseling services 
through her business rather than the importance of psychologists or the industry or field. 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. We note here the 
Petitioner also contends the need for psychologists in the United States. However, the alleged shortage 
of an occupation does not render her proposed endeavor nationally important under the Dhanasar 
framework. In fact, such shortages of qualified workers are directly addressed by the U.S. Department 
of Labor through the labor certification process. 
In addition, the Petitioner repeatedly emphasizes her experience, skills, and knowledge. The 
Petitioner's experience and abilities in his field relate to the second prong of the Dhanasar framework, 
which "shifts the focus from the proposed endeavor to the foreign national." Id. at 890. The issue 
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here is whether the specific endeavor she proposes to undertake has national importance under 
Dhanasar's first prong. 
Moreover, 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 did not offer specific information and evidence to corroborate her assertions that the 
prospective impact of working as a clinical and counseling psychologist 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. Here, 
the record does not show through supporting documentation how her specific services stand to 
sufficiently extend beyond her prospective clients or patients, to impact the industry or the U.S. 
economy more broadly at a level commensurate with national importance. 
Finally, although the Petitioner provided a business plan, the Petitioner did not demonstrate how her 
business' claimed revenue and employment projections, even if credible or plausible, have significant 
potential to employ U.S. workers or otherwise offers substantial positive economic effects for our 
nation. While the revenue forecasts $1.lM in year 1 to $6.9M in year 5, the business plan does not 
establish the benefits to the regional or national economy would reach the level of "substantial positive 
economic effects" contemplated by Dhanasar. Id. at 890. Similarly, although the plan claims the 
business would create 15 positions in year 1 to 73 positions in year 5, the Petitioner did not show that 
such future staffing levels would provide substantial economic benefits to Florida or the region or U.S. 
economy more broadly at a level commensurate with national importance. The Petitioner, for instance, 
did not demonstrate that such employment figures would utilize a significant population of workers in 
the area or would substantially impact job creation and economic growth, either regionally or 
nationally. For all these reasons, the record does not establish that, beyond the limited benefits 
provided to its prospective clients and employees, the Petitioner's proposed endeavor has broader 
implications rising to the level of having national importance or that it would offer substantial positive 
economic effects. 
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. 2 
III. CONCLUSION 
As the Petitioner has not met the 
requisite first prong ofthe Dhanasar analytical framework, we conclude 
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. 
2 See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (stating that agencies are not required to make "purely advisory findings" 
on issues that are unnecessary to the ultimate decision); see also Matter ofL-A-C-, 26 l&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). 
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