dismissed EB-2 NIW Case: Soccer

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : AUG . 10, 2023 In Re: 28015885 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a soccer match official, seeks second preference immigrant classification as a member 
of the professions holding an advanced degree or as an individual of exceptional ability, as well as a 
national interest waiver of the job offer requirement attached to this EB-2 classification. 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 had not 
established eligibility for 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. 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. 1 
I. LAW 
To establish eligibility for a national interest waiver, petitioners must 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. In addition, 
petitioners must show the merit of 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 that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion 2, grant 
a national interest waiver if: 
1 The Petitioner claims eligibility for the underlying immigrant classification as an individual of exceptional ability. In 
one part of the decision, the Director stated that "USCIS has then examined the entire record and has determined that the 
[Petitioner] does not have a degree of expertise significantly above that ordinarily encountered in the science, arts, or 
business." The Director then indicated that "USCIS does find the [Petitioner] to be an individual of exceptional ability." 
The Director's contradictory findings do not establish whether the Petitioner qualifies as an individual of exceptional 
ability. Because the Petitioner did not demonstrate eligibility for a national interest waiver on appeal, we need not remand 
the matter to the Director in order to clarify the Petitioner 's eligibility status as an individual of exceptional ability. 
2 See also Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest 
waiver to be 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. 
II. ANALYSIS 
Regarding the national interest waiver, the first prong relates to substantial merit and national 
importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. At initial filing, the 
Petitioner's cover letter stated: 
[The Petitioner] is seeking to promote physical activity through football, coaching 
through local teams, and leading them to implement new soccer techniques to better 
the health of U.S. citizens by reducing sedentarism and obesity. With his immense 
expertise related to soccer, he will ensure that any soccer academy and non-profit­
organization benefit maximally from his extensive knowledge and experience 
participating as a Coordinator Manager in World Cups, Regional Cups, and Local 
Cups. 
In response to the Director's request for evidence, the Petitioner indicated: 
My proposed endeavor is to build upon my extensive experience in the field of sports 
management, to farther the growth of the soccer industry in the United States. During 
25 years of this long and fruitful experience I was able to achieve palpable and 
demonstrable successes both in South America and in the United States of America for 
the development and growth of soccer, in its formation bases. 
As a professional in soccer as a Coordinator Manager and Coach, I am seeking to 
promote the soccer game among U.S. citizens to improve their health by reducing 
obesity and sedentary. I will be coaching and providing a guideline to soccer academies 
to achieve their goals seeking to attract more people to practice this sport in Florida. 
The Director determined the Petitioner demonstrated the proposed endeavor's substantial merit but not 
its national importance. On appeal, the Petitioner maintains: 
The Petitioner seeks to promote the sport of soccer in the United States in various ways, 
including by advising and creating soccer academies, giving guidance to soccer teams, 
participating in national competitions, and so on, much as he did in Venezuela, leading 
his insurmountable operational, administrative, and technical expertise to the 
furtherance and popularization of the sport of soccer and the growth of the U.S. soccer 
industry, benefitting players (primarily youths) in their physical, cognitive, 
psychological, social, and cultural development (ultimately resulting in economic 
benefits deriving directly from these sports-induced improvements). 
2 
In determining national importance, the relevant question is not the importance of the industry or 
profession in which the individual will work; instead, we focus on "the specific endeavor that the 
foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. Although he stresses 
the importance and benefits of youth sports, such as combatting childhood obesity, and references his 
submission of related documentation, the Petitioner must demonstrate the national importance of his 
specific, proposed endeavor of providing his particular soccer promotion services rather than the 
importance of "culture, health, and education" and associated range of topics. 3 In Dhanasar, we 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. 
Moreover, in regard to the Petitioner's references to his "experience" and "expertise," they 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 he proposes to 
undertake has national importance under Dhanasar's first prong. 
Furthermore, to evaluate whether the Petitioner's proposed endeavor satisfies the national importance 
requirement, we look to evidence documenting the "potential prospective impact" of his work. 
Dhanasar, 26 I&N Dec. at 889. Here, the Petitioner did not demonstrate how his proposed endeavor 
largely influences the field and rises to the level of national importance. In Dhanasar, we determined 
the petitioner's teaching activities did not rise to the level of having national importance because they 
would not impact the field more broadly. Id. at 893. Likewise, the record does not show through 
supporting documentation how his proposed endeavor stands to sufficiently extend beyond his 
prospective athletes or academies and organizations who may utilize his services, to impact the 
industry or the U.S. economy more broadly at a level commensurate with national importance. 
Finally, the Petitioner did not show that his proposed endeavor has significant potential to employ 
U.S. workers or otherwise offers substantial positive economic effects for our nation. Without 
evidence regarding any projected U.S. economic impact or job creation attributable to his future work, 
the record does not reflect any benefits to the U.S. regional or national economy resulting from his 
soccer promotion services would reach the level of "substantial positive economic effects" 
contemplated by Dhanasar. Id. at 890. 
For all these reasons, the record does not show that, beyond the possible limited benefits provided to 
his prospective athletes or entities, 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 his proposed 
endeavor as required by the first prong of the Dhanasar precedent decision, the Petitioner has not 
3 The Petitioner's arguments and evidence relate more to the substantial merit aspect of the proposed endeavor rather than 
the national importance part. 
3 
demonstrated eligibility for a national interest waiver. Further analysis of his eligibility under the second 
and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose. 4 
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. The appeal will be dismissed for the above stated reasons, with each considered as an 
independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
4 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 an applicant is otherwise ineligible). 
4