dismissed EB-2 NIW Case: Tourism

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: MAR. 11, 2024 In Re: 30210494 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an individual working in the tourism industry, 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. § l 153(b)(2). 
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not 
establish her eligibility for EB-2 classification or that she merits a waiver of the required job offer, 
and thus of the labor certification, 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. An 
advanced degree is any U.S. academic or professional degree or a foreign equivalent degree above 
that of a bachelor's degree. 1 8 C.F.R. § 204.5(k)(2). A U.S. bachelor's degree or a foreign equivalent 
degree followed by five years of progressive experience in the specialty is the equivalent of a master's 
degree. Id. 
Once a petitioner demonstrates eligibility for the underlying classification, the petitioner must then 
establish eligibility for 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 ofDhanasar, 26 I&N Dec. 884 (AAO 2016), provides the framework 
1 Profession shall include, but not be limited to, architects, engineers, lawyers, physicians, surgeons, and teachers in 
elementary or secondary schools, colleges, academics, or seminaries. Section 101 ( a)(32) of the Act. 
for adjudicating national interest waiver petitions. Dhanasar states that 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. at 889. 
II. ANALYSIS 
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. The endeavor's merit may be demonstrated in a range of 
areas such as business, entrepreneurialism, science, technology, culture, health, or education. In 
determining whether the proposed endeavor has national importance, we consider its potential 
prospective impact. Matter ofDhanasar, 26 I&N Dec. at 889. The term "endeavor" is more specific 
than the general occupation; a petitioner should offer details not only as to what the occupation 
normally involves, but what types of work the person proposes to undertake specifically within that 
occupation. For example, while engineering is an occupation, the explanation of the proposed 
endeavor should describe the specific projects and goals, or the areas of engineering in which the 
person will work, rather than simply listing the duties and responsibilities of an engineer. See 
generally 6 USCIS Policy Manual F.5(D)(l), https://www.uscis.gov/policy-manual. 
Dhanasar 's first prong focuses on the specific endeavor that the foreign national proposes to undertake 
and its "potential prospective impact." Dhanasar, 26 I&N Dec. at 889. As such, we will first identify 
the Petitioner's endeavor as shown in the record. Then, we will evaluate the Petitioner's evidence in 
support of the endeavor's substantial merit and national importance. 
The Petitioner's proposed endeavor involves creating a company, called I Iwith a 
mission to promote sustainable tourism experiences that benefit local communities, protect the 
environment, and enhance a traveler's experience through responsible practices and community 
engagement. 3 She asserts and has provided meaningful evidence to conclude that companies like the 
one she is proposing to create are aligned with national initiatives promoting green tourism. As such, 
we agree with the Director's conclusion that the proposed endeavor has substantial merit. 
Because the endeavor has substantial merit, we tum to whether the proposed endeavor is of national 
importance, as contemplated by Dhanasar. The Director determined that although the proposed 
endeavor is of substantial merit, it is not of national importance as contemplated by Dhanasar. Upon 
de novo review, we agree with the Director's conclusion for the following reasons. 
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). 
3 The Petitioner's "Detailed Description of Proposed Endeavor Statement" dated May 3, 2023, and "National Importance 
Statement" dated May 29, 2023, have been reviewed and incorporated by reference into this decision. 
2 
The Petitioner describes her endeavor and the impacts that will stem from it in several documents. In 
her business plan, she explains that the United States will benefit from increased tourism, which will 
have the ripple effect ofpromoting sustainable human development, generating jobs, reducing poverty, 
increasing the U.S.'s gross domestic product, enhancing community development in tourist 
destinations, and producing socio-cultural and environmental resources a local level. Her plan also 
describes six actions to support local communities such as "involving residents in tourism planning, 
to make sure local voices are heard," "conducting analysis of tourist potentials to devise solutions that 
are grounded in reality and address the most pressing threats to local environments, people, and 
wildlife," among others. The plan also provides projections on her company's growth, marketing 
strategies, and organizational structure five years into the future. 
She submits articles and reports that discuss ecotourism, sustainable development goals, sustainable 
travel, the changing future of tourism, and information from the United Nations, U.S. Travel 
Association, and the U.S. Departments of Commerce and State, which discuss the importance of 
sustainable tourism. She asserts that because the Biden-Harris Administration has prioritized 
combating climate change, travel and tourism play a key role in this agenda, and her endeavor is of 
national importance because it is aligned with these initiatives. She asserts that climate change is 
affecting tourism destinations, and that extreme weather events are costing billions of dollars annually 
and threatening tourism economies. She asserts that her endeavor aligns with strategies outlined in 
the National Travel and Tourism Strategy, which includes supporting underserved communities, 
promoting resiliency planning, reducing carbon emissions, supporting nature-based solutions, 
protecting natural assets, building a sustainable tourism ecosystem, and pursuing innovations for 
timely data on climate-related events. She further argues that her endeavor aligns with the Federal 
Sustainability Plan, in which the government aims to tackle the climate crisis by prioritizing actions 
that address climate change and promote a clean energy economy (such as net zero emissions from 
federal operations by 2050). She also cites to the National Tourism Organization Act (1996), 
legislation aimed at enhancing tourism activities, to assert that her endeavor aligns with multiple and 
important government priorities. 
On appeal, she cites to Buletini v. INS., 860 F. Supp. 1222, 1233 (E.D. Mi. 1994) and asserts that the 
Director abused their discretion by failing to consider relevant evidence, and specifically names 
documentation she provided in her response to the Director's request for evidence to show that 
sustainable tourism, climate action, and ecotourism are economic and environmental issues that are 
the subject of national initiatives. She further contends that she has provided sufficient, probative, and 
corroborating evidence to establish the substantial positive economic impacts of the proposed 
endeavor, as well as objective documentary evidence to support her assertions, by a preponderance of 
the evidence. 
At the outset, we agree that an adjudicator should consider all relevant evidence in the record. 
However, to the Petitioner's point that her field is a matter of national importance because it aligns 
with national initiatives, we note that merely working in an important field or profession is insufficient 
to establish the national importance of the proposed endeavor. Dhanasar, 26 I&N Dec. at 889. 
Instead, when determining whether the proposed endeavor has 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 "the specific endeavor that the foreign national proposes to undertake." Id. 
3 
Thus, while we acknowledge that the tourism industry is important, this fact is insufficient to establish 
the national importance of her proposed endeavor. Matter ofChawathe, 25 I&N Dec. at 375-76. 
We also explained in Dhanasar 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 ... may well be understood to have national importance." Id. at 890. The Petitioner's business 
plan projects that by year five, her company will require 12 employees, and 20 independent 
contractors. It also projects that by year five her company will yield $166,081 in net profits, and 
$1,450,000 in revenue. On appeal, she asserts that hiring even one worker meets the "significant 
potential to employ a U.S. worker" language from Dhanasar and that because she intends to locate 
her business in a Historically Underutilized Zone HUBZone 4 inl IMaryland, her endeavor 
will have a "substantial positive economic effects," under the ordinary meaning of these terms. 
We acknowledge that by design, operating a business in an HUB Zone offers several advantages 
including eligibility for federal contracting preferences, access to set-aside contracts, and potential tax 
incentives. 5 However, businesses seeking HUBZone certification must be owned and controlled by 
U.S. citizens, a community development corporation, an agricultural cooperative, or an Indian tribe. 
Id. 6 Further, the business's principal office must be located in the designated HUB Zone, and it must 
be the location where the greatest number of employees perform their work. 7 Here, there is no 
indication that the Petitioner's business meets the requirements for HUBZone certification. Further, 
to the extent that the Petitioner equates her business being in a HUBZone with Dhanasar 's emphasis 
on job creation leading to "substantial positive economic effects particularly in an economically 
depressed area," the evidence does not establish how merely locating her office in an HUBZone is 
sufficient. And, even if her company were to create jobs in a HUBZone location ( a fact she has not 
established), the economic impact from this potential hiring is too amorphous to be considered of 
national importance as contemplated in Dhanasar. 
As to her assertion that hiring even one worker is sufficient to meet the standard in Dhanasar, she has 
not established what the broader economic implications would be to our nation's economy from the 
hiring of one U.S. worker, or even that her company would be sufficiently viable to require the hiring 
of one U.S. worker. Many factors, such as market demand for her services, technological 
advancements affecting her industry, or changing regulatory conditions that could limit the potential 
of her endeavor, could affect her ability to successful hire even one worker. Beyond mere assertions, 
the Petitioner has not established with independent, corroborating evidence that her company would 
have the "significant potential to employ U.S. workers" or "other substantial positive economic 
effects, particularly in an economically depressed area." Id. at 889-890. As such, she has not met her 
burden by a preponderance of the evidence. Matter ofChawathe, 25 I&N Dec. at 375-76. 
As stated above, we acknowledge that the United States and other international organizations, like the 
United Nations, have addressed climate change and are promoting actions in the area of sustainable 
4 The HUBZone program promotes business growth in underutilized business zones with the goal of awarding three percent 
of federal contract dollars to companies that are HUBZone certified. See https://www.sba.gov/federal-contracting/ 
contracting-assistance-programs/hubzone-program. 
5 See https://www. s ba. gov /federal-contracting/ contracting-assistance-programs/hubzone-program. 
6 Id. 
7 Id. 
4 
tourism. This speaks to the substantial merit of her proposed endeavor but does not establish that her 
business would have the national or global implications she describes. The Petitioner has not provided 
corroborating evidence to meaningfully understand how her endeavor will result in the impacts she 
describes. Matter ofCha wathe, 25 I&N Dec. at 375-76. For example, she provides a letter of interest 
from the owner and CEO of two restaurants in I I Maryland. His letter expresses his 
impressions of her past professional endeavors and accomplishments , and states he is interested in 
expanding his business into a chain of sustainable restaurants. He goes on to explain the importance 
of the restaurant industry in sustainability, and that he is interested in "improving our business 
processes," "implementing new techniques," and "sustainable strategies to enhance our business 
processes and services to our clients." He also extends an offer of employment to the Petitioner as a 
Sustainability Strategy Consultant. While this letter would be relevant to our analysis under prong 
two of the Dhanasar framework, it is not sufficient, relevant, or probative to establish the national 
importance of her proposed endeavor. Furthermore, this job offer appears to only impact her 
employment, but does not establish that her business would expand such that she would require an 
additional employee. The Petitioner must support her assertions with relevant, probative, and credible 
evidence. Matter ofCha wathe, 25 I&N Dec. at 375-76. 
We acknowledge the Petitioner's assertion that sustainable tourism is a growing sector of the market 
economy, and that her proposed endeavor aims to promote sustainable practices and environmental 
awareness as part of this dynamic sector. However, we note again that this speaks to the substantial 
merit of her proposed endeavor, but is insufficient, even when we consider the trends and market 
growth projections, which she cites, to conclude her endeavor is of national importance. In general, 
when a proposed endeavor is only likely to benefit the clients or customers served, but would not 
sufficiently extend beyond those individuals, the endeavor is unlikely to have the significant potential 
to broadly enhance societal welfare in a manner consistent with how national importance is 
contemplated by the Act. See section 203(b )(2) of the Act. For example, in Dhanasar, we determined 
that while proposed classroom teaching activities in STEM may have substantial merit in relation to 
U.S. educational interests, such activities, by themselves, generally are not indicative of an impact in 
the field of STEM education more broadly, and therefore generally would not establish their national 
importance. See Dhanasar, 26 I&N Dec. at 893. Similarly, here, while the services the Petitioner 
offers to restaurants or other tourism-related businesses might be beneficial to them, this is not 
indicative of a broader impact on her field of sustainable tourism. 
Here, the Petitioner has not established her proposed endeavor stands to sufficiently extend beyond 
her customers to impact her field more broadly at a level commensurate with national importance. 
Nor has she shown that the work she proposes to undertake offers original innovations that contribute 
to advancements or otherwise has broader implications for her field. Furthermore, the Petitioner has 
not demonstrated that her specific 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 directly attributable to her future work, the record does 
not show that benefits to the regional or national economy resulting from the Petitioner's endeavor would 
reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. 
As to the recommendation letters provided, these generally portray the Petitioner as an ecotourism 
professional with positive attributes. In as much as the writers view her in highly favorable terms, we 
note these opinions are relevant to Dhanasar 's second prong, when we evaluate whether the Petitioner 
5 
is well-positioned to advance her endeavor, but do not establish the national importance of her 
endeavor. See Matter of Caron Int'l, Inc., 19 I&N Dec. 791, 795 (Comm'r 1988) (standing for the 
proposition that we may, in our discretion, use opinion statements submitted by a petitioner as advisory 
but, where an opinion is not in accord with other information or is in any way questionable, we are not 
required to accept or may give less weight to that opinion); see also Matter ofChawathe, 25 I&N Dec. 
at 375-76 (standing for the proposition that a petitioner must support their assertions with relevant, 
probative, and credible evidence). 
B. EB-2 Classification and Dhanasar 's Second and Third Prongs 
As the Petitioner has not established the national importance of her proposed endeavor, we decline to 
reach and hereby reserve the Petitioner's arguments that she meets the requirements for EB-2 
classification as an advanced degree professional, and that she is has established Dhanasar 's second 
and third prongs. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (noting 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 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, she has 
not established eligibility for a national interest waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
6