dismissed EB-2 NIW Case: Real Estate And Construction

U.S. Citizenship 
and Immigration 
Services 
In Re: 16169421 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JUL.12,2021 
Form I-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a real estate and construction entrepreneur, seeks second preference immigrant 
classification as a member of the professions holding an advanced degree and 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. 
§ l 153(b)(2). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not 
established that a waiver of the required job offer, and thus of the labor certification, would be in the 
national interest. 
On appeal, the Petitioner submits additional documentation and a brief asserting that he is eligible for 
a national interest waiver. 
In these proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit 
sought. Section 291 of the Act, 8 U.S. C. § 13 61. Upon de nova 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. Because this classification requires that the 
individual's services be sought by a U.S. employer, a separate showing is required to establish that a 
waiver of the job offer requirement is in the national interest. 
Section 203(b) of the Act sets out this sequential framework: 
(2) Aliens who are members of the professions holding advanced degrees or aliens of 
exceptional ability. -
(A) In general. - Visas shall be made available ... to qualified immigrants who are 
members of the professions holding advanced degrees or their equivalent or 
who because of their exceptional ability in the sciences, arts, or business, will 
substantially benefit prospectively the national economy, cultural or 
educational interests, or welfare of the United States, and whose services in the 
sciences, arts, professions, or business are sought by an employer in the United 
States. 
(B) Waiver of job offer-
(i) National interest waiver. ... [T]he Attorney General may, when the Attorney 
General deems it to be in the national interest, waive the requirements of 
subparagraph (A) that an alien's services in the sciences, arts, professions, or 
business be sought by an employer in the United States. 
Furthermore, while neither the statute nor the pertinent regulations define the term "national interest," 
we set forth a framework for adjudicating national interest waiver petitions in the precedent decision 
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). 1 Dhanasar states that after a petitioner has 
established eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) 
may, as matter of discretion 2, grant a national interest waiver if the petitioner demonstrates: (1) that 
the foreign national's proposed endeavor has both substantial merit and national importance; (2) that 
the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it 
would be beneficial to the United States to waive the requirements of a job off er and thus of a labor 
certification. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
foreign national proposes to undertake. The endeavor's merit may be demonstrated in a range of areas 
such as business, entrepreneurialism, science, technology, culture, health, or education. In 
determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. 
The second prong shifts the focus from the proposed endeavor to the foreign national. To determine 
whether he or she is well positioned to advance the proposed endeavor, we consider factors including, 
but not limited to: the individual's education, skills, knowledge and record of success in related or 
similar efforts; a model or plan for future activities; any progress towards achieving the proposed 
endeavor; and the interest of potential customers, users, investors, or other relevant entities or 
individuals. 
The third prong requires the petitioner to demonstrate that, on balance, it would be beneficial to the 
United States to waive the requirements of a job offer and thus of a labor certification. In performing 
this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the foreign 
national's qualifications or the proposed endeavor, it would be impractical either for the foreign 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 I&NDec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 See also Poursina v. USCJS, No. 1 7-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USC IS' decision to grant or 
deny a nationalinterestwaiverto be discretionaiy in nature). 
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national to secure a job offer or for the petitioner to obtain a labor certification; whether, even assuming 
that other qualified U.S. workers are available, the United States would still benefit from the foreign 
national' s contributions; and whether the national interest in the foreign national' s contributions is 
sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) 
considered must, taken together, indicate that on balance, it would be beneficial to the United States 
to waive the requirements of a job offer and thus of a labor ce1iification. 3 
II. ANALYSIS 
The Director concluded that the Petitioner qualifies as a member of the professions holding an 
advanced degree. The remaining issue to be determined is whether the Petitioner has established that a 
waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest 
For the reasons discussed below, we agree with the Director that the Petitioner has not sufficiently 
demonstrated eligibility under the first prong of the Dhanasar analytical framework. 
The first prong relates to substantial merit and national importance of the specific proposed endeavor. 
Dhanasar, 26 I&N Dec. at 8 89. The Petitioner initially provided a statement indicating: 
My career plan in the United States is to continue my career wmking as an Entrepreneur, 
to advise U.S. companies on how to properly plan, start, fund, establish and direct the 
operations of their new business ventures. By elaborating upon dynamic business 
channels, using my negotiation skills, and training personnel, I will be able to ensure the 
success of any company that employs me. I intend to continue using my vast experience 
and knowledge in many areas to provide expert managerial services to U.S. companies. 
Moreover, my experience working in industries of national impmiance, such as business 
administration and entrepreneurship will allow me to work with U.S. companies looking 
to capitalize in multiple areas, especially including those doing or planning to do business 
iq !Latin America, with greater ease. 
In response to the Director's request for evidence (RFE), the Petitioner offered an updated statement 
claiming: 
I intend to continue using my expertise and knowledge in the field of Construction, 
Renovation and Real Estate as an entrepreneur in the United States, specifically focusing 
on residential buildings, houses, condos and apartments in underse1Ved 
neighborhood[ s] .... 
[M]y overall proposed endeavor in the United States is to offer my expertise as an 
entrepreneur to establish a company that specializes in construction and real estate. I will 
do this by continuing to stay-up-to-date on national construction projects, developing and 
maintaining a network of investors and others in the U.S. to facilitate their entty and 
participation in construction projects, and implementing key strategic projects aimed at 
3 SccDhanasar, 26l&NDec. at 888-91, for elaboration onthesethreeprongs. 
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developing buildings and houses in underserved area in the United States, which will lead 
to the generation and accumulation of capital in the U.S. by attracting buyers from all over 
the world. 
Cunently, I am continuing to work, developing new clients and projects in the U.S. 
through myl I businessesJ I Aside from 
providing construction for real estate businesses, the company will also provide property 
renovation seivices. With people's growing interest in buying real estate properties in the 
United States, a full-service company will render inevitable success and generate immense 
profit. 
The Petitioner maintains on appeal that he: "is willing and able to help combat these serious economic 
issues - which include helping foreign monetary investment into the U.S. developing real estate in 
economically depressed areas," "will in fact build multiple homes and apartment buildings for those in 
need for a broad spectrum of people," and "will be buying materials in the U.S. to build the homes and 
apaiiment buildings which will continue to substantially boost the economy." The Director determined 
that the Petitioner demonstrated the substantial merit of his proposed endeavor, and the record supports 
that conclusion. For the reasons discussed below, we agree with the Director that the Petitioner has not 
sufficiently shown the national importance of his proposed endeavor. 
In determining national importance, the relevant question is not the impmiance of the industry or 
profession in which the individual will work; instead we focus on the "the specific endeavor that the 
foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. Here, the Petitioner 
must demonstrate the national importance of his providing specific entrepreneurial services in 
construction, renovation, and real estate rather than the national importance of entrepreneurism or the 
wide range of fields or industries in which he intends to work. In Dhanasar, we further 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. 
In his appeal briet: the Petitioner emphasizes his "extensive expertise," "twenty-seven (2 7) years of 
experience," "high level of expertise," and "highly qualified experience and expertise in the real estate 
development field." The Petitioner's experience and abilities in his field, however, 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 here is whether the specific endeavor that he proposes to undertake 
has national importance under Dhanasar' s first prong. 
To evaluate whether the Petitioner's proposed endeavor satisfies the national impmiance requirement, 
we look to evidence documenting the "potential prospective impact" of his work. Although the 
Petitioner asserts that he "aims to actively apply his construction, renovation, and real estate expertise 
as an entrepreneur in economically depressed areas in the U.S., particularly for the prevention of 
homelessness, while safeguarding the nations [sic] natural resource initiatives" and "he will enhance 
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the country's national interests by elevating standards and policies to improve major national concerns, 
such as the United States' homeless crisis, safeguarding U.S. natural resources, international trade, 
foreign investment into the U.S., and creating direct and indirect employment for U.S. workers," he 
has not offered sufficient, specific information and evidence to demonstrate that the prospective 
impact of his specific proposed endeavor rises to the level of national importance. Instead, the 
Petitioner submits, and the record contains, evidence regarding general inf mmation relating to real 
estate and the housing market, such as the economic impact of commercial real estate, the real estate's 
impact on the U.S. economy, real estate sales, profits from real estate investments, and housing market 
information. In Dhanasar, we determined that 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 how the Petitioner's specific proposed endeavor of providing 
entrepreneurial services in construction, renovation, and real estate stands to sufficiently extend beyond 
his own company, to impact the real estate or construction industry or the U.S. economy more broadly 
at a level commensurate with national importance. 
Similarly, the Petitioner asserts that he will invest $2 million "spread amongst multiple plots of land 
in underserved areas" and provides an example of a cost breakdown "of an average home [he] intends 
to build." 4 The Petitioner, however, did not offer any relevant supporting evidence, such as a credible 
business plan, to corroborate his assertions, including his claim that he "will employ architects, project 
managers, engineers, draftsperson, surveyor/construction workers, tradespeople, and certifiers." 
Moreover, he did not, for instance, show any credible business revenue projections to substantiate that 
his company's future business activity stands to provide substantial economic benefits to specific 
regions or the United States as contemplated by Dhanasar, Id. at 890. 5 In addition, the Petitioner has 
not offered evidence, for example, that the unidentified area where his company would build or operate 
is economically depressed, that he would utilize a significant population of workers in that area, or 
that his endeavor would offer the region or its population a substantial economic benefit through 
employment levels or business activity. Nor has the Petitioner established that any increases in 
employment or investment attributable to his company's operations stand to substantially affect 
economic activity or tax revenue in a state, region, or nationally. Accordingly, the Petitioner's 
proposed endeavor does not meet the first prong of the Dhanasar framework. 
Because the documentation in the record does not establish the national importance of his 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 his eligibility under the second 
and third prongs outlined inDhanasar, therefore, would serve no meaningful purpose. 
III. CONCLUSION 
As the Petitioner has notmetthe requisite first prong of theDhanasar analytical framewmk, we conclude 
that he has not demonstrated that he is eligible 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. 
4 The Petitioner statement in response to the Director's RFE claimed that through hiJ I business"[w]e have also 
begun working on proposals fora projecttoconvertsomeneighborhoodsin Florida through constructionservicesrendered 
by the company." 
5 The Petitioner does not identify where there economically depressed orunderserved areas would be located in Florida. 
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ORDER: The appeal is dismissed. 
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