dismissed EB-2 NIW Case: Veterinary Medicine

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JULY 1 7, 2024 InRe: 31859991 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a veterinarian assistant, seeks employment-based second preference (EB-2) immigrant 
classification as 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 Texas Service Center denied the petition, concluding the Petitioner did not 
establish 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 qualify for EB-2 visa classification, a petitioner must establish they are an advanced degree 
professional or an individual of exceptional ability in the sciences, arts, or business. Section 
203(b )(2)(A) of the Act. 
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: 
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in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary 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). 
• 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. 
II. ANALYSIS 
In her business plans, the Petitioner proposed to create and manage a veterinary clinic which she would 
set up as a limited liability company located inl ITexas. The business plans state the clinic 
would provide high-quality veterinary services to pet owners, farmers, breeders, and horse owners. 
A. EB-2 Classification 
The Director did not address the Petitioner's eligibility for EB-2 classification as a member of the 
professions holding an advanced degree or an individual of exceptional ability. The Petitioner 
submitted a copy of her 2016 diploma from thel Iin Brazil awarding her the 
title of veterinary medicine and her academic transcript showing her completion of eight semesters of 
study. The Petitioner also submitted a letter from her accountant declaring that she has been self-­
employed since 2016 to the date of the letter in 2022 and listing her responsibilities. In addition, the 
Petitioner submitted an evaluation from GEO Credential Services concluding that her degree and work 
experience are equivalent to a U.S. doctoral degree in veterinary medicine. 
As the Petitioner is not eligible for a national interest waiver for the reasons discussed below, we do 
not reach and hereby reserve our determination of her eligibility for EB-2 classification. See INS v. 
Bagamasbad, 429 U.S. 24, 25 (1976) (stating 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). 
B. National Interest Waiver: Substantial Merit and National Importance 
The first prong in the Dhanasar analytical framework for evaluating national interest waivers is 
substantial merit and national importance. Dhanasar, 26 I&N Dec. at 889. This prong focuses on the 
specific endeavor that the individual proposes to undertake. Id. The endeavor's merit may be 
demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, 
health, or education. Id. The Director determined the Petitioner's proposed endeavor has substantial 
merit. We agree. 
However, the Director concluded the Petitioner did not establish the national importance of her 
proposed endeavor. In determining whether the proposed endeavor has national importance, we 
consider its potential prospective impact. Id. This consideration may include whether the proposed 
endeavor has significant potential to employ U.S. workers (particularly in an economically depressed 
area), has other substantial positive economic effects, has national or even global implications within 
the field, or other broader implications indicating national importance. Id. at 889-90. The Director 
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determined the Petitioner did not establish her proposed endeavor would have substantial positive 
economic effects or benefits beyond her company and its clientele. 
The Petitioner initially submitted a letter from J-D-G-2, a licensed veterinarian, expressing her opinion 
that the Petitioner qualifies for a national interest waiver. On appeal, the Petitioner asserts her 
eligibility by quoting large portions of J-D-G-'s letter, which is not entirely consistent with other 
relevant evidence in the record. For example, J-D-G- states the Petitioner will disseminate her 
knowledge to other professionals in her field through lectures, teaching, and training. However, in her 
professional plans and definitive statements, the Petitioner does not indicate that she would engage in 
these activities. 
The Petitioner and J-D-G- assert the Petitioner's proposed clinic has national importance due to the 
large amount of money spent on pet care in the United States, the strong and increasing demand for 
veterinary services, and the growth of the veterinary industry. The Petitioner and J-D-G- also claim 
the Petitioner's involvement with the equine industry shows the national importance of her proposed 
endeavor, as the horse industry contributes approximately 50 billion dollars to the U.S. economy, 
employs 1. 7 million people, and equine therapy positively impacts physical and mental health, and an 
area's ecology. Our assessment of national importance does not focus on the importance of a field or 
industry, but rather "focuses on the specific endeavor that the foreign national proposes to undertake." 
Id. at 889. The Petitioner and J-D-G- do not specify how the Petitioner's clinic would contribute to 
the veterinary or equine industries beyond the individual clients it would serve. See id. (explaining 
"we look for broader implications"). 
The Petitioner and J-D-G- further claim the Petitioner's clinic has national importance because 
veterinarians "play critical roles in environmental protection, research, food safety, and public health." 
They discuss the work of veterinarians in agriculture, academia, pharmaceutical and biomedical 
research, food safety, and public health and safety. We do not question the important contributions 
that veterinarians make to these fields. Our assessment of national importance does not focus on the 
importance of a field or occupation in general, but instead "focuses on the specific endeavor that the 
foreign national proposes to undertake." Id. The Petitioner has not demonstrated that her clinic would 
provide services extending beyond her clientele to make national or even global contributions to her 
field. See id. (stating an endeavor "may have national or even global implications within a particular 
field, such as those resulting from improved manufacturing processes or medical advances"). 
In her definitive statement submitted in response to the RFE, the Petitioner asserts her company will 
create American jobs and increase revenues for the broader U.S. economy. In her business plan 
submitted in response to the RFE, the Petitioner states her clinic will employ one other individual in 
its first year of operation, increasing to five other employees in the fifth year. This business plan states 
that although the location of her clinic is not economically depressed, surrounding areas are rated 
"distressed" and "at-risk." Even ifwe considered the location of the Petitioner's clinic to include the 
surrounding areas, the Petitioner's clinic's employment of one to five individuals over the course of 
five years does not demonstrate significant potential to employ U.S. workers, as contemplated in 
Dhanasar. See id. at 890. The business plan also projects a balance of $61,250 the first year, 
increasing to $268,500 in the fifth year and states the revenue would be reinvested locally. The 
2 We use initials to protect the privacy of the referenced individual. 
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Petitioner did not submit evidence that these profits are significantly higher than those of other 
veterinary clinics or that the projected profits would otherwise have a substantial positive economic 
effect on a level commensurate with national importance. See id. (discussing substantial positive 
economic effects as indicative of national importance). 
The Petitioner and J-D-G- also claim the Petitioner's proposed endeavor aligns with the Biden-Harris 
Administration's statements on attracting talent in science, technology, engineering, and mathematics 
(STEM). They claim the Petitioner's proposed endeavor also aligns with corresponding United States 
Citizenship and Immigration Services (USCIS) policy. USCIS recognizes the importance of progress 
in STEM fields and the essential role that individuals with advanced STEM degrees have in fostering 
such progress. 6 USCIS Policy Manual F.5(D)(2), https://www.uscis.gov/policy-manual/. However, 
"in all cases, the evidence must demonstrate that a STEM endeavor has both substantial merit and 
national importance." Id. 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. Here, the Petitioner has not established that the impact of her clinic 
would extend beyond its clientele to impact the veterinary field more broadly at a level commensurate 
with national importance. See id. at 889 ( explaining "we look for broader implications"). 
In sum, the relevant evidence demonstrates the substantial merit of the Petitioner's proposed work in 
her field but does not establish the national importance of her specific proposed endeavor. 
Consequently, she does not meet the first prong of the Dhanasar framework. 
B. The Remaining Dhanasar Prongs 
As this issue is dis positive of the Petitioner's appeal, we decline to reach and hereby reserve 
determination of her eligibility under the second and third prongs of the Dhanasar framework. See 
INS v. Bagamasbad, 429 U.S. at 25; see also Matter ofL-A-C-, 26 I&N Dec. at 526 n.7. 
III. CONCLUSION 
The 
Petitioner has not established the national importance of her proposed endeavor and does not meet 
the first prong of the Dhanasar analytical framework. Consequently, she has not demonstrated that 
she is eligible for or merits a waiver of the job offer requirement in the national interest as a matter of 
discretion. 
ORDER: The appeal is dismissed. 
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