dismissed EB-2 NIW Case: Supply Chain Management

U.S. Citizenship 
and Immigration 
Services 
In Re: 22646526 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 28, 2023 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, a supply chain management specialist, 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 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 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. Next, a 
petitioner must then demonstrate they merit a discretionary waiver of the job offer requirement "in the 
national interest." Section 203(b)(2)(B)(i) of the Act. Matter of Dhanasar, 26 l&N Dec. 884, 889 
(AAO 2016) provides that U.S. Citizenship and Immigration Services (USCIS) may, as matter of 
discretion 1, grant a national interest waiver if the petitioner shows: 
• The proposed endeavor has both substantial merit and national importance; 
• The individual is well-positioned to advance the proposed endeavor; and 
• On balance, waiving the job offer requirement would benefit the United States. 
1 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) . 
II. ANALYSIS 
The Director concluded the Petitioner qualifies for second preference immigrant classification as a 
member of the professions holding an advanced degree. Accordingly, the remaining issue to be 
determined on appeal is whether the Petitioner has established a waiver of the requirement of a job 
offer, and thus a labor certification, would be in the national interest. 
The first prong relates to substantial merit and national importance of the specific proposed endeavor. 
Dhanasar, 26 I&N Dec. at 889. The Petitioner initially provided a statement indicating: 
I will contribute to the U.S. market with my expertise and educational background in 
increasing the productivity and efficiency of supply chain and logistics activities. I will 
act in sector including transportation management, warehouse management, and 
distribution and in the area of supply chain including procurement, production planning, 
and customer service. 
My skills and experience will allow me to develop a set of complimentary business 
activities that will contribute to the overall U.S. economy through job creation, cost 
reduction, product improvement, revenue growth and added value generation through a 
competitive supply chain. 
Employment oflogisticians is projected to grow 7% (CAGR) from 2016 to 2026, about 
as fast as the average for all occupations. Employment growth will be driven by the need 
for logistics in the transportation of goods in a global economy (U.S. Bureau of Labor 
Statistics report, 2019). Based on these official statistics and others [sic] global studies, I 
strongly believe my supply chain knowledge and experience will help enterprises create 
and manage high-performing, resilient supply chains that drive sustained, profitable 
growth, even in the face of sudden and dramatic market change. 
I will be committed to helping U.S. companies achieve high performance through supply 
chain mastery, I am able to combine global industry experience and skills in supply chain 
strategy to help organizations transform their supply chain capabilities. I will collaborate 
with U.S. companies to implement innovative solutions that align operating models to 
support business strategies, optimize global operations, and enhance the skills and 
capabilities of the supply chain workforce. 
In response to the Director's request for evidence (RFE), the Petitioner claimed: 
The Petitioner can ensure manufacturers, specifically pharmaceutical manufacturers are 
better situated to onshore manufacturing operations, or in the alternative ensure the safety 
and efficacy of the drugs and supplies which are imported from abroad. He will do so by 
providing his extensive experience and education in pharmaceutical logistics and the 
overall manufacturing process to US pharmaceutical companies. The Petitioner will assist 
US drug manufacturers to move to more innovative technological solutions and more 
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modem manufacturing methods such as the continuous manufacturing method and pull 
method .... 
The Petitioner's endeavor will be to assist US pharmaceutical companies in building and 
leading end-to-end innovative logistics processes, thus ensuring product quality and 
safety, increasing profit margins, optimizing the operational costs, and improving the 
services levels for clients, which will have a substantial impact on the national importance 
issue of onshoring US manufacturing, reducing drug cost, and providing safer drug 
imports and supplies from abroad. 
The Director determined the Petitioner demonstrated the proposed endeavor's substantial merit but not 
its national importance. On appeal, the Petitioner states: 
[The Petitioner's] endeavor is to provide his services as a supply chain specialist across 
many different industries, with a focus on the pharmaceutical industry, which will 
optimize service levels, maintain supply-chain efficiency, and minimize costs. He will 
also use his knowledge and expertise to expand communication channels in national 
and international markets, multiplying sales as well as customer/fleet/brand/region 
distribution. The Petitioner will train and provide marketing insights to U.S. companies 
doing business abroad but also bring foreign investment to create even more businesses 
inside the U.S. domestic economy and particularly the logistics industry. 
Moreover, the Petitioner argues that "[ss ]upply chain and logistics have become of national importance 
since they provide a foundation that enables economies to prosper and be competitive." However, 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. Here, the Petitioner 
must demonstrate the national importance of his services as a supply chain specialist rather than the 
national importance of supply chain specialists, logistic services, the pharmaceutical industry, or the 
wide range of business fields or industries in which he intends to work. In Dhanasar, we noted that 
"we look for broader implications" of the proposed endeavor and that "[aa ]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. 
In addition, while the Petitioner stresses his "knowledge and expertise," "knowledge and experience 
in the field," and "expertise and industry knowledge," the Petitioner's experience and abilities in his 
field 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. 
Further, the Petitioner contends that he provided "testimonials from peers and recognized leaders in 
the industry about the favorable impact of the Petitioner's logistics solutions and how these solutions 
have extended beyond the Petitioner's immediate claims to substantially benefit the supply chain 
management and logistic industry, with a specific focus on the pharmaceutical sector." To evaluate 
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whether the Petitioner's proposed endeavor satisfies the national importance requirement, we look to 
evidence documenting the "potential prospective impact" of his work. 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, including testimonial 
letters, does not show how his services stand to sufficiently extend beyond his potential or futuristic 
employers or clients, to impact the industry or the U.S. economy more broadly at a level commensurate 
with national importance. Similarly, the Petitioner asserts that his endeavor is not narrowed to a single 
organization but "the safety and transparency of pharmaceuticals related to the public." However, the 
Petitioner did not demonstrate how his services would impact consumers in general rather than the 
consumers of the specific organization(s) in which the Petitioner intends to work. 
Finally, the Petitioner did not establish that his proposed endeavor has significant potential to employ 
U.S. workers or otherwise offers substantial positive economic effects for our nation. Without relevant 
evidence regarding any projected U.S. economic impact or job creation attributable to his specific 
services, the record does not show any benefits to the U.S. regional or national economy resulting 
from the Petitioner's services would reach the level of "substantial positive economic effects" 
contemplated by Dhanasar. Id. at 890. 
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 
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. 2 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we conclude 
that 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. 
2 See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (stating that ·'courts and agencies are not required to make findings on 
issues in the decision of which is unnecessary to the results they reach"); see also Matter of L-A-C-, 26 l&N Dec. 516, 526 
n. 7 (BIA 2015) ( declining to reach alternative issues on appeal where an applicant is otherwise ineligible). 
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