remanded EB-2 NIW Case: Entrepreneurship

U.S. Citizenship 
and Immigration 
Services 
In Re: 24230086 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 10, 2023 
Form I-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, an entrepreneur, seeks classification as a member of the professions holding an 
advanced degree. Immigration and Nationality Act(the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2). 
The Petitioner also seeks a national interest waiver of the job offer requirement that is attached to this 
EB-2 immigrant classification. Seesection203(b)(2)(B)(i)oftheAct, 8 U.S.C. § 1153(b)(2)(B)(i). 
U.S. Citizenship and Immigration Services may grant this discretionary waiver of the required job 
offer , and thus of a labor certification, when it is in the national interest to do so. 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified 
for classification as a member of the professions holding an advanced degree but that the Petitioner 
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. 
While we conduct de novo review on appeal, Matter of Christo 's, Inc., 26 I&N Dec. 537,537 n.2 
(AAO 2015) , we conclude that a remand is warranted in this case because the Director's decision is 
insufficient for review. As presently constituted, the record does not establish whether the proposed 
endeavor has both substantial merit and national importance. See Matter of Dhanasar, 26 I&N Dec. 
884 at 889-90 (AAO 2016). Specifically , although the Director's decision addresses the second and 
third Dhanasar prongs , it does not address the first Dhanasar prong. We note that, in an underlying 
request for evidence (RFE), the Director advised the Petitioner that the record-at that time-did not 
satisfy the first Dhanasar prong; however , the Director did not address the evidence submitted in 
response to the RFE as applied to the first Dhanasar prong in the decision. 
Accordingly, the matter will be remanded to the Director to determine if the record establishes whether 
the proposed endeavor has both substantial merit and national importance, and to enter a new decision. 
The Director may request any additional evidence considered pertinent to the new determination and 
any other issue. As such, we express no opinion regarding the ultimate resolution of this case on 
remand. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis.