dismissed EB-2 NIW Case: Public Policy

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: FEB. 18, 2025 In Re: 37072552 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a public policy advocate and project manager, 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. § l 153(b)(2). 
The Director of the Texas Service Center denied the petition, concluding that the record did not 
establish that 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 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 ofChawath e, 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 qualify for the underlying EB-2 visa classification
, a petitioner must establish they are an advanced 
degree professional or an individual of exceptional ability in the sciences, arts, or business. Section 
203(b)(2)(A) of the Act. 
If a petitioner establishes eligibility for the underlying EB-2 classification, they must then demonstrate 
that they merit 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 
the framework for adjudicating national interest waiver petitions. Dhanasar states that U.S. 
Citizenship and Immigration Services (USCIS) may, as matter of discretion, 1 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 
1 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Third, Ninth, Eleventh, and D.C. Circuit Courts of 
Appeals in concluding that USCIS ' decision to grant or deny a national interest waiver is discretionary in nature). 
• On balance, waiving the job offer requirement would benefit the United States. 
Id. 
II. ANALYSIS 
The 
Petitioner submitted copies of her academic degrees, including her Doctor of Theology from 
I Iand her Master of Arts in Peace and Development from I I
I I England. The record shows she qualifies for EB-2 classification as an advanced degree 
professional. The only issue on appeal is whether she qualifies for a waiver of the job offer 
requirement in the national interest. 
In her initial letter, the Petitioner described her proposed endeavor as "developing and shaping policies 
that effectively address hunger, improve food security, and advance global nutritional standards." In 
a supplemental statement, the Petitioner stated she would focus "on launching Mobile Food Pharmacy 
Nutrition Pharmacies and on-the-spot hot meals, combining access to healthy food with nutrition 
education and healthcare services in underserved neighborhoods, and reducing food waste by 
recycling into the production of an alternative source of clean energy." 
The Petitioner submitted recommendation letters, evidence of her honors and awards, certifications, 
receipt of a grant, membership in professional organizations, speaking at conferences, volunteer and 
advocacy activities, media mentions, and articles addressing food security. In response to the 
Director's request for evidence (RFE), the Petitioner submitted another statement of her proposed 
endeavor, additional recommendation letters, and additional articles on related issues such as Food 
Pharmacy, ending hunger, SNAP, and child food insufficiency. 
A. Substantial Merit and National Importance 
The first Dhanasar prong, substantial merit and national importance, focuses on the specific 
endeavor 
that the individual proposes to undertake. Matter ofDhanasar, 26 I&N Dec. at 889. The endeavor's 
merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, 
technology, culture, health, or education. Id. Although the Director did not address this issue, the 
record indicates that the Petitioner's proposed endeavor has substantial merit in the areas of culture 
and health. 
In determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. Id. This consideration may include whether the proposed endeavor has significant 
potential to employ U.S. workers (particularly in an economically depressed area), has other 
substantial positive economic effects, has national or even global implications within the field, or has 
other broader implications indicating national importance. Id. at 889-90. The Director determined the 
Petitioner did not establish that her proposed endeavor would have global or national implications in 
her field or have broader implications rising to the level of national importance. 
On appeal, the Petitioner asserts her proposed endeavor has national importance and the Director erred 
by "ignoring the vast majority of the evidence," specifically the recommendation letters submitted in 
2 
response to the RFE. We have reviewed these letters. Dr. J-N-2 states that the Petitioner's projects, 
specifically Mobile Food Pharmacy Nutrition Pharmacies and on-the-spot hot meals, aim to reduce 
the large number of American adults grappling with chronic diseases by providing access to healthy 
food with nutrition, education, and healthcare services. Dr. J-N- asserts that postponing the 
Petitioner's projects could have several repercussions including exacerbating existing food insecurity. 
Dr. J-N- does not specify the scope of the Petitioner's proposed endeavor or indicate that it would 
have global or national implications, or broader implications in her field indicative of national 
importance. 
A-J- also praises the Petitioner's Mobile Food Pharmacy Nutrition Services project which provides 
the critical services of free distribution of fruits and vegetables, free psychosocial counseling, hot 
meals distribution, and onsite medical services. A-J- states that by "serving as a replicable model for 
national health initiatives, this project ensures comprehensive support for those in need, addressing 
root causes of health disparities and promoting long-term wellness." A-J- does not indicate that the 
Petitioner's project has been replicated in other areas or has otherwise had broader implications in her 
field. 
M-H-H- expresses her support for the Petitioner's pilot project in collaboration with the 
County, Maryland Department of Health and Mental Health Agency, local food banks, and religious 
organizations. M-H-H- praises the Petitioner's work on the pilot project and opines that the pilot 
project "has immense potential to scale up within Maryland and other states in the U.S." While M-H­
H- praises the Petitioner's past work on the pilot project, she does not discuss in probative detail how 
the Petitioner's specific proposed endeavor would have broader implications in her field in a manner 
commensurate with national importance. 
Dr. M-A- asserts the Petitioner's project on eco-friendly, climate-resilient farming technology linked 
to renewable energy has national importance because it addresses food waste, offers a viable solution 
to reliance on fossil fuels, and creates a more efficient food system increasing food availability and 
accessibility for vulnerable populations. Dr. M-A- does not specify the scope of the Petitioner's 
project, for example, by stating whether it would be implemented in one or multiple locations, or 
otherwise indicate that the project would have broader implications in her field. Dr. M-A- also does 
not indicate that the Petitioner's use of feasibility assessment and a food waste upcycling incubator 
are innovative in her field or otherwise have national or even global implications. See id. at 889 
( discussing improved manufacturing processes or medical advances as examples of national or even 
global implications within a particular field). 
D-I-O- praises the Petitioner's past work on a sustainable farming initiative and a nutritional 
enhancement program and expresses confidence that her expertise, skills and technical depth "will be 
invaluable to the nation." D-I-O- does not, however, discuss the Petitioner's proposed endeavor. K-
M-H- praises the Petitioner's work on _______ Indiana Senate Team, but also does not 
discuss the Petitioner's proposed endeavor. Dr. E-T- commends the Petitioner's past work including 
initiatives involving the Supplemental Nutrition Assistance Program (SNAP). Dr. E-T- asserts the 
Petitioners "community engagements and experiences are aligned with several critical national 
2 We use initials to protect the privacy of the referenced individuals. 
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priorities" and he expresses his belief that her proposed work exceeds the requirements for a national 
interest waiver. Dr. E-T- does not, however, discuss the Petitioner's proposed endeavor in detail. 
B-G- states the Petitioner's proposed endeavor "to develop and utilize biomass fuels in the United 
States is of paramount national importance" because it enhances national energy security, has the 
potential to stimulate economic growth and job creation, promotes environmental sustainability, and 
provides an opportunity for technological innovation and leadership. While biomass fuels may have 
these benefits, B-G- does not specify how the Petitioner's specific proposed endeavor would achieve 
them. 
In sum, the support letters submitted in response to the RFE praise the Petitioner's past work and 
express confidence in some of the projects encompassed by her proposed endeavor, but they do not 
establish that her proposed endeavor has national or even global implications or other broader 
implications in her field. The support letters submitted initially largely praised the Petitioner's past 
work but did not address her proposed endeavor. A-M- opined that the Petitioner's proposed endeavor 
"holds immense potential to drive positive change," and praised the Petitioner's "unique skill set that 
aligns with critical national priorities." A-M- did not, however, detail how the Petitioner's proposed 
endeavor would have broader implications in her field. Significant portions of B-O-A-O-'s letter 
repeat verbatim portions of A-M-'s letter which detract from its credibility. C-A- states that the 
Petitioner's proposed endeavor "enhances the nation's ability to maintain stable food distribution 
systems, thus fortifying national stability," but does not discuss in detail how the Petitioner's proposed 
endeavor would have such a broad implication on her field. 
The articles the Petitioner submitted initially and in response to the RFE discuss the funding of food 
programs, the Food Pharmacy, child food insufficiency, SNAP, and food security. While these articles 
discuss the importance of these issues, our assessment of national importance does not focus on the 
importance of a field or national issues in general, but instead "focuses on the specific endeavor that 
the foreign national proposes to undertake." Id. 
In sum, the relevant evidence does not indicate that the Petitioner's proposed endeavor has broader 
implications for her field commensurate with national importance. Although several support letters 
praise her past work and the promise of projects within her proposed endeavor, they are insufficient 
to establish that the Petitioner's proposed endeavor has national or even global implications for her 
field. 
B. The Remaining Dhanasar Prongs 
The Petitioner has not established 
the national importance of her specific proposed endeavor and she 
does not meet the first prong of the Dhanasar framework. As this issue is dispositive of the 
Petitioner's appeal, we decline to reach and hereby reserve determination of her eligibility under the 
second and third prongs of the Dhanasar framework. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) 
(stating 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 of L-A-C-, 26 T&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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III. CONCLUSION 
The 
Petitioner has not established the national importance of her proposed endeavor and does not meet 
the first prong of the Dhanasar analytical framework. Consequently, she has not demonstrated that 
she is eligible for or merits a waiver of the job offer requirement in the national interest as a matter of 
discretion. 
ORDER: The appeal is dismissed. 
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