dismissed EB-2 NIW Case: Restaurant Industry

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: MAY 28, 2024 InRe: 31032170 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an entrepreneur in the restaurant industry, seeks employment-based second preference 
(EB-2) immigrant classification as an individual of exceptional ability, 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. § 1153(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. 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 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, 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. Section 203(b )(2)(B)(i) of the Act. An 
advanced degree is any U.S. academic or professional degree or a foreign equivalent degree above 
that of a bachelor's degree. 1 8 C.F.R. § 204.5(k)(2). A U.S. bachelor's degree or a foreign equivalent 
degree followed by five years of progressive experience in the specialty is the equivalent of a master's 
degree. Id. 
Once a petitioner demonstrates eligibility for the underlying classification, the petitioner must then 
establish eligibility for a discretionary waiver of the job offer requirement "in the national interest." 
Section 203(b )(2)(B)(i) of the Act. While neither the statute nor the pertinent regulations define the 
term "national interest," Matter ofDhanasar, 26 I&N Dec. 884 (AAO 2016), provides the framework 
for adjudicating national interest waiver petitions. Dhanasar states that U.S. Citizenship and 
1 Profession shall include, but not be limited to, architects, engineers, lawyers, physicians, surgeons, and teachers in 
elementary or secondary schools, colleges, academics, or seminaries. Section 101 ( a)(32) of the Act. 
Immigration Services (USCIS) may, as a matter of discretion, 2 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 
• On balance, waiving the job offer requirement would benefit the United States. 
Id. at 889. 
II. ANALYSIS 
A. EB-2 Classification 
The 
Petitioner asserts his eligibility for EB-2 classification based on his degree, which was determined 
to be the equivalent to a bachelor's degree in business administration, which he earned in 2006, plus 
over five years of professional experience. The Director concluded the Petitioner qualifies as a 
member of the professions holding an advanced degree, and thus qualifies for EB-2 classification. We 
agree. 
B. 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 and its "potential prospective impact." Id. at 889. 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. Id. The term "endeavor" is more 
specific than the general occupation; a petitioner should offer details not only as to what the occupation 
normally involves, but what types of work the person proposes to undertake specifically within that 
occupation. For example, while engineering is an occupation, the explanation of the proposed 
endeavor should describe the specific projects and goals, or the areas of engineering in which the 
person will work, rather than simply listing the duties and responsibilities of an engineer. See 
generally 6 USCIS Policy Manual F.5(D)(l ), https://www.uscis.gov/policy-manual. As such, we will 
first identify the Petitioner's endeavor as shown in the record. Then, we will evaluate the Petitioner's 
evidence in support of the endeavor's substantial merit and national importance. 
The Petitioner asserts that he will serve as the chief executive officer and general and operations 
manager of his own business, a Brazilian restaurant calledl (the Company), located in 
thel Florida area, where there is a large and growing Brazilian population. His endeavor also 
includes working as a business manager and consultant for other restaurants or companies that need 
his technical knowledge and expertise to increase profits, minimize costs, and eliminate waste without 
losing their standards for quality and service. According to his initial business plan, the purpose of 
the Company is to "create a chain of Brazilian restaurants in Florida, in the next ten years, with at least 
five units across among other cities." He asserts he has investors and 
2 See 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 is discretionary 
in nature). 
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locations already scouted out for his restaurants. He intends partner with a a 
Brazilian company, to achieve his objectives. As the endeavor's merit may be demonstrated in a range 
of areas, as described above, we agree with the Director that the endeavor has substantial merit. Id. 
However, as discussed below, the Petitioner has not established that his proposed endeavor is of 
national importance. 
The Petitioner's request for evidence (RFE) response asserts that his endeavor is of national 
importance because "[t]he restaurant industry is a major economic driver in the United States, 
generating over $800 billion in revenue each year and employing over 15 million people." He further 
maintains that the endeavor "plays a significant role in various aspects of society, such as job creation, 
economic growth, cultural diversity, and public health" by for example, promoting local agriculture 
and food suppliers, serving as a hub for cultural exchange and social integration, serving healthy and 
nutritious foods, as well as supporting community engagement and charity events, fundraisers, 
partnerships with local organizations, which provide positive benefits to communities. His RFE 
response also highlights studies related to the economic impact of restaurant entrepreneurship, which 
claims that for every restaurant an average of lOjobs are created and $1 million in revenue per year. 
He also highlights a University of Miami paper supporting the idea that restaurant entrepreneurship 
positively impacts cultural diversity in Florida. 
His RFE response also includes a second personal statement and a second business plan. The former 
document highlights his career and work experience, as a business administrator and consultant to a 
restaurant calledl IHe asserts and provides a letter from I lowner 
explaining how his resourcefulness and determination helped the restaurant overcome the COVID-19 
pandemic's challenges, and helped the restaurant stay in business during that difficult time. He also 
highlights his involvement, alongside other entrepreneurs, in the launch of 
a gourmet burger restaurant. He explains that the burger restaurant led to the creation of eight new 
jobs, and partnerships with four food suppliers. The Petitioner's second business plan also explains 
that for each of its five restaurants, the proposed endeavor will create the following positions: 
restaurant manager, head chef, two cooks, kitchen helper, hostess, bartender, and three waiters. In 
addition, he will serve as chief executive officer for all five restaurants. 
On appeal, the Petitioner submits a brief reiterating the same assertions he advanced in his RFE 
response to explain the national importance of his endeavor and the impacts he believes his endeavor 
will have on the restaurant industry, as well as the local and regional economy and community; he 
does not provide any additional evidence. We acknowledge the Petitioner's foregoing arguments and 
applaud his commitment to employ his entrepreneurial drive to the restaurant industry in the United 
States. However, assertions without more are insufficient to conclude that an endeavor is of national 
importance. See, e.g., Matter ofS-M-, 22 I&N Dec. 49, 51 (BIA 1998) (noting that "statements in a 
brief, motion, or Notice of Appeal are not evidence and thus are not entitled to any evidentiary 
weight"). We further note that the letter he provided from the co-owner ofl 
does not substantiate his assertion that his work for them created eight jobs. See Matter ofHo, 19 I&N 
Dec. 582, 591-92 (BIA 1988) (standing for the proposition that any inconsistencies in a petitioner's 
evidence may lead to reevaluation of the remaining evidence offered in support of the visa petition.) 
The Petitioner's reliance on industry reports and articles concerning topics such as the importance of 
immigrant entrepreneurship to economic growth and American competitiveness is misplaced because 
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while the information provides a context for some of his assertions related to the role that entrepreneurs 
play in our economy, and the importance of economic progress, they do not specifically discuss the 
Petitioner's proposed endeavor or explain how his endeavor would have broader implications. Matter 
of Chawathe, 25 T&N Dec. at 375-76. Further, merely working in an important industry or having an 
important profession is insufficient to establish the national importance of the proposed endeavor, as 
we explained in Dhanasar. Id. at 889. In determining whether the proposed endeavor has national 
importance, the relevant question is not the importance of the field, industry, or profession in which 
the individual will work; instead, we focus on "the specific endeavor that the foreign national proposes 
to undertake." Id. 
The Petitioner submitted substantial evidence relevant to our analysis under Dhanasar 's second prong, 
where we consider whether he is well-positioned to advance the proposed endeavor, however, this 
evidence does not relate to our analysis of the endeavor's national importance. For example, he 
highlights his more than 22 years of experience as a business administrator and entrepreneur running 
various businesses (such as car dealerships, beverage distributors, restaurants, among others), as well 
as in civil service positions. However, his work experience does not render his proposed endeavor 
nationally important under Dhanasar's first prong. Id. at 890. Likewise, the investor and 
recommendation letters he submits show that he is a businessperson with a professional network that 
holds him in high regard ( as well as his father, who according to these letters was a well-known 
businessperson in Brazil), however, these letters would be similarly relevant to Dhanasar 's second, 
not first, prong. Id. 
A tenured associate professor of business administration and marketing from I _____ 
provides an opinion letter in which he asserts the Petitioner's endeavor is of "substantial 
national importance." However, this opinion is not sufficient to meet his burden because it is wholly 
based on a review of the Petitioner's curriculum vitae, academic credentials, and professional 
certifications, and does not appear to include any review of the Petitioner's business plan or proposed 
endeavor. As such, although the professor asserts that the endeavor has national implications in the 
field, the opinion is of limited probative value because it does not incorporate consideration of the 
actual endeavor the Petitioner proposes to undertake. See Matter of Caron Int 'I, Inc., 19 I&N Dec. 
791, 795 (Comm'r 1988) (standing for the proposition that we may, in our discretion, use opinion 
statements submitted by a petitioner as advisory but, where an opinion is not in accord with other 
information or is in any way questionable, we are not required to accept or may give less weight to 
that opinion); see also Matter of Chawathe, 25 T&N Dec. at 3 75-76 (standing for the proposition that 
a petitioner must support their assertions with relevant, probative, and credible evidence). 
As contemplated by Dhanasar, we examine the record to determine if there is sufficient evidence to 
conclude the Petitioner's "undertaking may have national importance ... because it has national or 
even global implications within a particular field, such as those resulting from certain improved 
manufacturing processes or medical advances." Id. at 893. Here, the Petitioner has not submitted any 
evidence supporting the assertion that his methods of operating or managing restaurants differ from or 
will improve upon the methods already available and in use in the United States. 
We also explained in Dhanasar 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 ... may well be understood to have national importance." Id. at 890. Here, we acknowledge that 
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the Petitioner projects that by its fifth year of operation, his endeavor will generate approximately 53 
hires and have $287,458 in payroll tax, $541,238 in net income tax, and $828,697 in total taxes. His 
plan also estimates the economic impact of his endeavor, as determined by the Regional Input-Output 
Modeling System (RIMS II),3 to be 86 direct jobs, earnings of $3,528,840, and payroll of $1,916,390 
by its fifth year. The Petitioner's plan appears to contain conflicting information regarding the 
economic impacts of his proposed endeavor, yet he does not attempt to resolve or explain them, thus, 
these projections appear vague. See Matter ofHo, 19 I&N Dec. at 591-92. Furthermore , his plan does 
not sufficiently detail the basis for either of these revenue or job creation projections, nor does it 
adequately explain how the projections will be realized other than stating that the five restaurants must 
be fully operating to achieve these results. See Matter of Chawathe, 25 I&N Dec. at 376. As such, 
without more, he has not established that his endeavor will have substantial positive economic effects 
at a level commensurate with national importance. 
In sum, we agree with the Director's conclusion that the Petitioner has not established that his proposed 
endeavor stands to sufficiently extend beyond his organization and customers to impact the restaurant 
industry or U.S. economy more broadly at a level commensurate with national importance. Nor has 
he shown that the work he proposes to undertake offers original innovations that contribute to 
advancements or otherwise has broader implications for his field. Furthermore, the Petitioner has not 
demonstrated that his specific endeavor has significant potential to employ U.S. workers or otherwise 
offers substantial positive economic effects for our nation . Without credible evidence regarding any 
projected U.S. economic impact or job creation directly attributable to his work, the Petitioner has not 
established that benefits to the regional or national economy resulting from his endeavor would reach the 
level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. 
C. Dhanasar's Second and Third Prongs 
As the Petitioner has not established the national importance of his proposed endeavor, we decline to 
reach and hereby reserve the Petitioner's arguments regarding his eligibility under the second and third 
prongs. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (noting 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 ofL-A-C-, 26 I&N Dec. 516,526 n.7 (BIA 2015) (declining to reach alternative issues 
on appeal where an applicant is otherwise ineligible). 
III. CONCLUSION 
The Petitioner has not established the national importance of his proposed endeavor, and consequently 
that a waiver of the job offer and labor certification process, in the exercise of our discretion, is in the 
national interest. 
ORDER: The appeal is dismissed. 
3 Public source information shows that RIMS II multipliers were developed by the U.S. Bureau of Economic Analysis to 
help economists analyze the potential impacts of economic activities on regional economies. See 
https://guides.library . upenn.edu/RIMSIIdata . 
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