dismissed EB-2 NIW Case: Strategic Management

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JUNE 27, 2024 In Re: 30185367 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an entrepreneur and business consultant in the field of strategic management, 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 that the record establishes 
that the Petitioner qualifies as a member of the professions holding an advanced degree, but did not 
establish that the Petitioner is eligible for a national interest waiver as a matter of discretion. 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 of Chawathe, 25 l&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 the underlying EB-2 visa classification, a petitioner must establish they are an an 
advanced degree professional or an individual of exceptional ability in the sciences, arts, or business. 
Section 203(b)(2)(A) 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. A U.S. 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 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 l&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: 
• 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. 
TI. ANALYSIS 
A. EB-2 Classification 
The Petitioner is an entrepreneur and business consultant in the field of strategic management. She 
submitted a master's degree in planning and strategic direction from __________ 
I lin Ecuador. The record also shows she has a degree in hotel management and tourism. The 
Petitioner's diplomas and transcripts are accompanied by an academic evaluation which states that her 
degrees are equivalent to a U.S. master's degree in strategic management and a U.S. bachelor's degree 
in hotel and tourism management. The Director concluded that the Petitioner qualifies as a member 
of the professions holding an advanced degree and we agree. 
B. National Interest Waiver 
1. Substantial Merit 
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. Dhanasar, 26 I&N 
Dec. at 889. The Petitioner states her proposed endeavor is to open her own business consulting 
company, "[t]o provide consulting services to assist Latin American women entrepreneurs within the 
United States, with a special focus on businesses that promote sustainability and environmentally 
friendly practices." The Petitioner further states that her main goal is to "foster and grow American 
entrepreneurship within the United States." She wants to financially and educationally empower 
underserved populations to promote personal growth and economic stability and promote gender 
equality and women's empowerment to help mitigate the well documented gap in women's 
entrepreneurship. The record contains industry articles and reports on the importance of small 
businesses, the challenges that face women entrepreneurs, the Latin American community, and their 
impact on the economy, along with and government initiatives related to the Petitioner's industry. We 
conclude that the proposed endeavor has substantial merit. 
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 unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary 
in nature). 
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2. National Importance 
In determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. Id. The Petitioner asserts that the Director's decision, "[c ]ontains instances of a 
misunderstanding and misapplication of law that go beyond harmless error and reach the levels of 
abuse of discretion." The Petitioner also contends that the Director did not discuss all elements of the 
evidence and that this directly disadvantaged the Petitioner. To determine whether a petitioner has met 
their burden under the preponderance standard, USCIS considers not only the quantity, but also the quality 
(including relevance, probative value, and credibility) of the evidence. Upon de novo review, we 
conclude that the Director properly analyzed the evidence to evaluate the Petitioner's eligibility by a 
preponderance of evidence and the Petitioner did not demonstrate that her proposed endeavor satisfies 
the national importance element of Dhanasar's first prong, as discussed below. Matter of Chawathe, 
25 I&N Dec. at 375-76; Matter ofE-M-, 20 I&N Dec. 77, 79-80 (Cornm'r 1989). 
The record contains several industry articles and reports that relate to the industry in which the 
Petitioner seeks to work. The Director concluded, "[w ]hile the provided documents provide useful 
background information, they are of limited value in this matter, as none of them address the 
petitioner's proposed endeavor." The Petitioner asserts that, "[e ]ven if. .. the articles provided did not 
refer directly to the Petitioner's endeavor, it becomes clear that the intention of the U.S. government 
is to encourage projects, programs, and endeavors aimed at reaching the objective of improving the 
resources available for Latino and Latino Women's business, thereby the Petitioner's endeavor is 
exactly what the Executive Order is promoting and establishing as a need." In determining 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." Dhanasar 26 I&N Dec. at 889. While the industry reports and articles in the record 
show the U.S. government's interest in industries related to the proposed endeavor and while we 
recognize the value and importance of the industry, working in the field is insufficient to establish the 
national importance of the proposed endeavor. Here, the Petitioner improperly relies upon the 
importance of the industry to establish the national importance of her proposed endeavor. For 
example, the Petitioner refers to, and the record reflects, various articles and reports from the Office 
of Women's Business Ownership, along with Executive Orders to advance equity and Latino 
entrepreneurship. Although it appears the Petitioner's proposed endeavor does relate to these 
government initiatives, the record focuses on the broader industry importance and impact, instead of 
the prospective impact of the Petitioner specific proposed endeavor. 
The Petitioner asserts several sources were submitted to show the importance and impact of small and 
medium sized enterprises as they relate to job creation and the national economy. Dhanasar states, a 
proposed endeavor could rise to the level of national importance with, "significant potential to employ 
U.S. workers" or "other substantial positive economic effects, particularly in an economically 
depressed area." Id. at 890. In addition, a proposed endeavor, "may have national importance because 
it has national or even global implications within a particular field, such as certain improved 
manufacturing processes or medical advances." Id. at 889. The Petitioner asserts that by aiding small 
and medium sized businesses, she will contribute to economic growth and job creation. However, 
showing the impact small and medium sized businesses have on job creation and the economy does 
not directly show how her specific proposed endeavor will significantly impact job creation or the 
economy. Here, the record does not establish that her proposed endeavor will impact the industry 
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more broadly or have substantial positive economic effects, particularly in an economically depressed 
area to impact more than her prospective clients. 
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 26 I&N Dec. 
at 893. The Petitioner states in her proposed endeavor statement that she will provide consulting and 
advisory services to help Latin American business entrepreneurs in the United States improve and 
optimize their business practices in economically viable and sustainable ways. The Director 
concluded that the record does not show the Petitioner's proposed endeavor would "operate on such a 
large scale, and sufficiently affect or advance the field or industry more broadly- or have wider 
implications in the field, rising to the level of having national importance." We agree that the record 
does not establish the scale of her work would rise to the level of national importance or that there are 
any advances or improvements in the field attributable to the Petitioner. Therefore, as the record does 
not establish the broader impact of the Petitioner's specific endeavor, we agree that the record does 
not establish the proposed endeavor will have broader implications beyond her prospective clients. 
While we do not discuss each piece of evidence individually, we have reviewed and considered the 
record in its entirety. As the Petitioner's proposed work does not meet the first prong of the Dhanasar 
framework, the Petitioner has not demonstrated eligibility for a national interest waiver. Because the 
identified reasons for dismissal are dispositive of the Petitioner's appeal, we decline to reach and 
hereby reserve remaining arguments concerning eligibility under the Dhanasar framework. 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 I&N Dec. 516, 526 n. 7 (BIA 2015) ( declining to reach alternative issues on appeal where the 
applicant did not otherwise meet their burden of proof). 
III. CONCLUSION 
The Petitioner has not met the requisite first prong of the Dhanasar analytical framework. We 
therefore conclude by a preponderance of the evidence that the Petitioner has not established that she 
is eligible for or otherwise merits a national interest waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
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