dismissed EB-2 NIW Case: Risk Management

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JULY 1 7, 2024 In Re: 31741728 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a retired police colonel and risk management auditor, 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. § 1153(b)(2). 
The Director of the Texas Service Center denied the petition, concluding the Petitioner qualified for 
EB-2 classification as a member of the professions holding an advanced degree, but determining he 
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 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 qualify for 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 demonstrates eligibility for the underlying EB-2 classification, they must then establish 
that they merit 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 of Dhanasar, 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: 
1 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 unpublish ed decision) in concluding that USCIS ' decision to grant or deny a national interest waiver is discretionary 
in nature). 
• 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. 
II. ANALYSIS 
In his response to the Director's request for evidence, the Petitioner describes his proposed endeavor 
as providing consulting and advisory services to public and private entities on money laundering and 
drug trafficking. The Petitioner states he will also train teams to implement Business Alliance for 
Secure Commerce (BASC) standards to address illicit financing of transnational crime. 
The Petitioner submitted evidence of his diploma of business administrator and transcript from the 
I Iand his subsequent employment with the I I
I for 25 years. The Director determined that the Petitioner qualified for EB-2 classification 
as a member of the professions holding an advanced degree. We agree. The only issue on appeal is 
whether he qualifies for and merits a waiver of the job offer requirement in the national interest. 
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. Dhanasar, 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. The Director determined the Petitioner's proposed endeavor has substantial 
merit. We agree. 
The Director concluded, however, that the Petitioner did not establish the national importance of his 
proposed endeavor. In determining whether the proposed endeavor has national importance, we 
consider its potential prospective impact. Id. at 889. 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 his proposed endeavor would have 
substantial positive economic effects or would extend beyond his employer or clients to impact his 
field more broadly. 
On appeal, the Petitioner asserts his proposed endeavor has national importance because providing 
services on BASC standards aligns with cooperative initiatives between BASC, United States Customs 
and Border Protection (CBP) and the Customs-Trade Partnership Against Terrorism (CTPAT). The 
Petitioner claims companies certified by BASC adhere to the same security standards of CTPAT, 
"enabling a cohesive approach to supply chain security." The Petitioner explains that as a BASC 
international certification auditor, he is a pivotal contributor to supply chain security and "fortifying 
global trade against potential vulnerabilities and security threats" such as smuggling, terrorism 
financing, and organized crime infiltration. The Petitioner submits an article on BASC organization 
auditors, but the record does not indicate that he developed the BASC standards or that his proposed 
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endeavor will result in significant contributions to those standards that have national or even global 
implications in his field. See id. at 889 ( discussing improved manufacturing processes or medical 
advances as examples of national or even global implications within a particular field). The Petitioner 
also submits an article discussing BASC's cooperation with CBP and CTPAT, but the Petitioner does 
not specify how his consultancy and advice would extend beyond individual entities to impact this 
cooperation or his field more broadly on a level commensurate with national importance. See id. 
( explaining that when assessing national importance "we look for broader implications"). 
The Petitioner further claims that his proposed endeavor will have significant economic effects 
because implementing BASC certification processes optimizes operational efficiency and fosters a 
business environment more conducive to international trade. The Petitioner asserts that as companies 
align with security standards under his guidance, "the economy benefits from increased trust in cross­
border transactions, reduced disruptions, and a more streamlined and secure international trade 
landscape." The Petitioner does not indicate that he would employ U.S. workers and he does not 
demonstrate how his work with individual companies would otherwise extend beyond their businesses 
to have substantial positive economic effects on a level commensurate with national importance. See 
id. at 890 ( discussing substantial positive economic effects). 
The Petitioner also claims his proposed endeavor has the potential for significant prospective impact 
because BASC certification and collaboration yields numerous benefits for companies and customs 
agencies. For example, the Petitioner explains BASC certification contributes to companies' overall 
development in supply chain security and fosters greater confidence from authorities. The Petitioner 
states collaboration with BASC reduces risks related to customs fraud, smuggling, terrorism, and illicit 
drug trafficking. However, the Petitioner does not specify how his consultancy and advice to 
individual entities would extend beyond his clientele to yield these benefits in a manner indicative of 
national importance. See id. at 889 ( explaining "we look for broader implications"). 
The Petitioner indicates his BASC certification is key to the significant prospective impact of his 
proposed endeavor, but the record does not demonstrate that his training of teams to implement BASC 
standards would have national importance. The Petitioner submitted a letter from M-V-O- 2, Executive 
Director of BASC I I who praises the Petitioner's professionalism and personal 
qualities and states the Petitioner has taught BASC standards to companies certified and evaluated by 
BASC. The Petitioner also submitted a letter from M-G-C-, Training Center Director of BASC
I I who states the Petitioner provided instruction on conspiracy in companies, 
corporate social responsibility, anti-corruption and anti-bribery management systems, and good 
business practices. M-G-C- also praises the Petitioner's experience and knowledge and asserts he 
would be a "great contribution" to any organization or company. Neither M-V-O- nor M-G-C- discuss 
the Petitioner's proposed endeavor or otherwise indicate that his training on BASC standards would 
extend beyond his work with individual clients to impact his field more broadly on a level 
commensurate with national importance. Cf id. at 892 (stating Dhanasar submitted probative expert 
letters describing the importance of his specific research as it relates to U.S. strategic interests). 
The Petitioner also submitted articles on the implementation of the Anti-Money Laundering Act of 
2020, the International Monetary Fund and the fight against money laundering and terrorism financing, 
2 We use initials to protect the privacy ofreferenced individuals. 
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the Biden Administration's 2022 National Drug Control Strategy, the economic consequences of 
money laundering, and BASC and the BASC standards. While the Petitioner's proposed endeavor 
would advise entities on money laundering and drug trafficking, and help implement BASC standards 
to address illicit financing of transnational crime, our assessment of national importance does not focus 
on the importance of issues to a field in general. Rather, our assessment "focuses on the specific 
endeavor that the foreign national proposes to undertake." Id. at 889. Here, none of the articles 
mention the Petitioner, or otherwise address the potential prospective impact of his proposed endeavor. 
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 that the Petitioner's proposed endeavor stands to sufficiently extend beyond his 
clientele to impact national security and the prevention of money laundering and drug trafficking more 
broadly at a level commensurate with national importance. 
The Petitioner has not established that his 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 his field, or has other broader implications 
indicating national importance. 
B. The Remaining Dhanasar Prongs 
The Petitioner has not established the national importance of his specific proposed endeavor and he 
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 his 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 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 does not meet 
the first prong of the Dhanasar analytical framework. Consequently, he has not demonstrated that he 
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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