dismissed EB-2 NIW Case: Sales Management

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: SEP. 06, 2024 In Re: 33390223 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a sales operations 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. § 1153(b)(2). 
The Director of the Texas Service Center denied the petition, because the Petitioner did not respond 
timely to the request for additional evidence (RFE). On motion, the Director withdrew the denial but 
determined the additional evidence did not establish that eligibility for a waiver of the required job 
offer, and thus of the labor certification, would be in the national interest. 1 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 l&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, 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 United States academic or professional degree or a foreign equivalent degree 
above that of a bachelor's degree. A United States bachelor's degree or foreign equivalent degree 
followed by five years of progressive experience in the specialty is the equivalent of a master's degree. 
8 C.F.R. § 204.5(k)(2). 
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. While neither the statute nor the pertinent regulations define the 
1 In August 2023, the Director issued a denial on the same underlying petition. The Petitioner's motion to reopen and 
reconsider is pending . 
I 
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, 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. 
II. ANALYSIS 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
individual 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. Because the record 
reflects the proposed endeavor falls within one or more of these areas, the Petitioner established the 
substantial merit aspect. In determining whether the proposed endeavor has national importance, we 
consider its potential prospective impact. Id. at 889. 
As the Director correctly concluded, the record does not reflect the proposed endeavor has national 
importance because it lacks prospective impact. The Petitioner intends to work as a CEO for 
IThe consulting corporation will target large and small companies that operate 
in various trade sectors. As CEO the Petitioner "will provide tailored sales consulting support and 
various other services to help clients increase revenues and implement successful sales strategies such 
as revenue generation, employment, market expansion, data analytics and technology, customer 
satisfaction, compliance and ethical practices, supply chain management, competitive advantage and 
tax revenue." 
On appeal, the Petitioner asserts the Director erred in concluding that Petitioner did not establish the 
national importance of his endeavor, he also claims that he is well positioned to advance the endeavor 
and that it would be beneficial to the United States to waive the job offer and labor certification 
requirements. Explaining that the evidence contains sufficient documentation to establish that it meets 
the three-prong analysis established in Dhanasar, he contends he qualifies for the national interest 
waiver. 
Although the Petitioner maintains that sales manager positions are vitally important for business 
development and are responsible for "building a solid customer base, nurturing trust, and fostering 
customer loyalty", the matter here is not whether sales managers and other aspects of sales within a 
company are nationally important. Rather, the Petitioner must demonstrate the national importance 
of his specific, proposed endeavor of working as the CEO for Here the 
record lacks specific and detailed information as to how the proposed company, and the Petitioner's 
role as CEO of the company, would have a national impact. Likewise, the report by Deloitte and the 
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). 
2 
study by Accenture that the Petitioner contends support the national impact of his endeavor, cover a 
wide range of topics, such as implementation of best practices, rather than establishing the national 
importance of his particular professional services or business. 
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. Dhanasar at 893. Here 
too, while we agree with the Petitioner that as a sales manager the petitioner could "contribute to small 
organizations in the US by providing top-notch business consulting services," the record does not 
show how his proposed endeavor stands to sufficiently extend beyond small businesses to lead to 
"national or even global implications" in the field of business or sales more broadly at a level 
commensurate with national importance. Id. at 889. 
Moreover, the Petitioner stresses his "record of achievements and continuous concrete contributions." 
He explains that he will act as "a Sales Manager Consultant in my own company" and that his 
extensive educational and professional background has equipped him with the skills necessary to 
successfully lead the development of his company. However, the Petitioner's knowledge, skills, and 
abilities 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. 
Finally, while he provided a business plan for the proposed company, the Petitioner did not present 
any supporting evidence corroborating the assertions and figures. Moreover, the Petitioner did not 
demonstrate how the business plan's claimed revenue, even if credible or plausible, has significant 
potential to employ U.S. workers or otherwise offers substantial positive economic effects for our 
nation. Although the business plan forecasts sales from $420K in year 1 to $1.5MM in year 5, the 
Petitioner did not establish the significance of this data to show that the benefits to the regional or 
national economy would reach the level of "substantial positive economic effects" contemplated by 
Dhanasar. Id. at 890. The Petitioner explains that by "helping companies to implement various sales 
strategies and become more efficient, as well as assisting them to increase their earnings and reduce 
the necessary risks, costs will be reduced, creating a surplus of funds." However, the business plan 
provides insufficient details to explain how the Petitioner will achieve these outcomes. The record 
does not demonstrate that, beyond the limited benefits provided to its prospective businesses, 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 the 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 ofthe Petitioner's eligibility under 
the second and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose, as well 
as a review of the Petitioner's qualification for the underlying immigrant classification. 3 
3 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). 
3 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong ofthe Dhanasar analytical framework, we conclude 
he has not demonstrated eligibility for or otherwise merits a national interest waiver as a matter of 
discretion. 
ORDER: The appeal is dismissed. 
4