dismissed EB-2 NIW Case: Venture Capital

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: SEP. 24, 2024 In Re: 33767105 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner seeks employment-based second preference (EB-2) immigrant classification as either a 
member of the professions holding an advanced degree or an individual of exceptional ability, 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 Nebraska Service Center denied the petition, concluding that the Petitioner 
qualified for the classification as a member of the professions holding an advanced degree, but that he 
had not established that 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. Because 
this classification requires that the individual's services be sought by a U.S. employer, a separate 
showing is required to establish that a waiver of the job offer requirement is in the national interest. 
We set forth a framework for adjudicating national interest waiver petitions in the precedent decision 
Matter of Dhanasar, 26 l&N Dec. 884 (AAO 2016). Dhanasar states that U.S. Citizenship and 
Immigration Services (USCIS) may, as matter of discretion, 1 grant a national interest waiver of the 
job offer, and thus the labor certification, to a petitioner classified in the EB-2 category if the petitioner 
demonstrates that (1) the noncitizen's proposed endeavor has both substantial merit and national 
importance; (2) the noncitizen is well positioned to advance the proposed endeavor; and (3) that on 
1 See 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). 
balance it would be beneficial to the United States to waive the requirements of a job offer and thus 
of a labor certification. 
The first prong, substantial merit and national importance, focuses on the specific endeavor that the 
noncitizen 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. 
The second prong shifts the focus from the proposed endeavor to the noncitizen. To determine whether 
the noncitizen is well positioned to advance the proposed endeavor, we consider factors including but 
not limited to the individual's education, skills, knowledge, and record of success in related or similar 
efforts. A model or plan for future activities, progress towards achieving the proposed endeavor, and 
the interest of potential customers, users, investors, or other relevant entities or individuals are also 
key considerations. 
The third prong requires the petitioner to demonstrate that, on balance of applicable factors, it would 
be beneficial to the United States to waive the requirements of a job offer and thus of a labor 
certification. USCIS may evaluate factors such as whether, in light of the nature of the noncitizen' s 
qualification or the proposed endeavor, it would be impractical either for the noncitizen to secure a 
job offer or for the petitioner to obtain a labor certification; whether, even assuming that other qualified 
U.S. workers are available, the United States would still benefit from the noncitizen's contributions; 
and whether the national interest in the noncitizen's contributions is sufficiently urgent to warrant 
forgoing the labor certification process. Each of the factors considered must, taken together, indicate 
that on balance it would be beneficial to the United States to waive the requirements of a job offer and 
thus of a labor certification. 
II. ANALYSIS 
The Petitioner proposes to work as "a chief executive of a venture capital and startup acceleration 
company" in California. The Director concluded that the Petitioner qualified 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 that a waiver of the requirement of a job offer, and thus of a 
labor certification, would be in the national interest. For the reasons discussed below, the Petitioner 
has not established that a waiver of the requirement of a job offer is warranted. While we do not 
discuss every piece of evidence individually, we have reviewed and considered each one. 
The Director initially concluded that the Petitioner's proposed endeavor has substantial merit. 
However, in the decision, the Director reversed their position and determined that the Petitioner's 
proposed endeavor lacks substantial merit. The Director also noted that the Petitioner failed to 
establish the proposed endeavor's national importance, that he is well-positioned to advance it, and 
that, on balance, it would benefit the United States to waive the job offer requirement. On appeal, the 
Petitioner contends that the Director "erred and overlooked the documentary evidence." The 
Petitioner also highlights the evidence submitted in support of the petition and in response to the 
Director's request for evidence and claims that he submitted extensive objective documentation to 
substantiate the proposed endeavor's national importance. 
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The Petitioner explains his first step in advancing his proposed endeavor will be to "establish the 
foundational capabilities for venture capital investment and startup acceleration." Once established, 
the Petitioner plans to set standards and devise strategies for his company's active participation in 
these activities. The Petitioner conveys that his business model focuses on identifying early-stage to 
fast-growing U.S. startups and connecting them with foreign institutional capital through venture 
capital investment programs. Additionally, the Petitioner states that he will mentor portfolio startups 
under his business and U.S.-based venture capital partners to enhance their growth, partnerships, and 
operational strategies. The record includes a personal statement, opinion and recommendation letters, 
along with media and industry reports related to business, foreign investments, and their economic 
impact. 
The Petitioner maintains that his proposed endeavor has "realistic potential" to generate significant 
economic and scientific benefits, including job creation through direct hires, the attraction of foreign 
investment, and advancements in technology. To evaluate whether the Petitioner's proposed endeavor 
satisfies the national importance requirement we look to evidence documenting the "potential 
prospective impact" of the Petitioner's work. While the Petitioner claims his proposed endeavor is of 
national importance, the Petitioner has not offered sufficient information and evidence to demonstrate 
that the prospective impact of his proposed endeavor rises to the level of national importance. 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 does not include adequate corroborating evidence, to show that the Petitioner's specific 
proposed endeavor offers broader implications in his field, enhancements to U.S. societal welfare, or 
substantial positive economic effects for the country that rise to the level of national importance. 
The Petitioner emphasizes his executive-level professional experience at different companies such as 
He states that his decision to combine venture capital and startup 
acceleration stems from his expertise in business development, partnership models, and corporate 
venture capital. Although an individual's experience, qualifications, contributions, and achievements 
are material, they are misplaced in the context of the first Dhanasar prong. The Petitioner's extensive 
experiences are material to Dhanasar 's second prong-whether an individual is well positioned to 
advance a proposed endeavor-but they are generally immaterial to the first Dhanasar prong­
whether a specific, prospective, proposed endeavor has both substantial merit and national importance. 
See id. at 888-91. 
The Petitioner argues that his proposed endeavor clearly aligns with government initiatives, and its 
national importance is evident as it addresses an issue that a government entity has identified as 
nationally significant and is a focus of national programs. In determining whether the proposed 
endeavor has national importance, we consider its potential prospective impact. 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." See Dhanasar, 
26 I&N Dec. at 889. In Dhanasar, we further 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. Here, though we acknowledge the Petitioner's evidence and 
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assertions, we conclude that the Petitioner has not shown his proposed endeavor stands to sufficiently 
extend beyond his clients to enhance societal welfare on a broader scale indicative of national 
importance. 
While the Petitioner claims that his proposed endeavor has clear hiring plans for qualified U.S. experts, 
the Petitioner has not offered sufficient information and evidence to demonstrate that the prospective 
impact of his endeavor rises to the level of national importance. The Petitioner also claims that his 
company will hire 12 direct employees by year three as well as gamer total revenue of $3,500,000. 
The Petitioner, however, does not provide sufficient detail of the basis of these projections, or adequately 
explain how these staffing targes and revenue forecasts will be realized. The Petitioner must support his 
assertions with relevant, probative, and credible evidence. See Matter of Chawathe, 25 I&N Dec. at 
376. Without sufficient evidence regarding the projected U.S. economic impact or job creation 
directly attributable to his future work, the record does not show that the 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. 
For the aforementioned reasons, the Petitioner's proposed work does not meet the first prong of the 
Dhanasar framework. 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. Since this issue is dispositive 
of the Petitioner's appeal, we decline to reach and hereby reserve the appellate arguments regarding 
his eligibility under the second and third prongs outlined in Dhanasar. See INS v. Bagamasbad, 429 
U.S. 24, 25 (1976) ("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 ofL-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, we conclude 
that he has not established he is eligible for or otherwise merits a national interest waiver as a matter 
of discretion. The appeal will be dismissed for the above stated reasons. 
ORDER: The appeal is dismissed. 
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