- demonstrate qualification for the underlying EB-2 visa classification, as either an advanced degree professional.
- must then establish that they merit a discretionary waiver of the job offer requirement ”in the national interest.”
• The proposed endeavor has both substantial merit and national importance;
- 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.
- we look for broader implications” of the proposed endeavor and that “an undertaking may have national importance for example, because it has national or even global implications within a particular field. ”
- We also stated that “an 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.
- To evaluate whether the Petitioner’ s proposed endeavor satisfies the national importance requirement we look to evidence documenting the “potential prospective impact” of his work. • The individual is well-positioned to advance their proposed endeavor; and • On balance, waiving the job offer requirement would benefit the United States. Common AAO non-precedent decisions
| Case # | Reason | Area |
|---|---|---|
| 29532247 | 1. lack of eligibility for the national interest waiver: did not include a detailed description of his proposed undertaking or venture. | Accounting |
| 29344085 | 1. While we agree that the Petitioner’s proposed endeavor has substantial merit, we do not agree with the Director’s determination that the endeavor has national importance for the reasons: not the importance of the industry or profession in which the individual will work; instead, we focus on the ”the specific endeavor that the foreign national proposes to undertake.” While the record describes his past work and research, the Petitioner offers little detail about the proposed endeavor. Most of the Petitioner’s research publications were produced while the Petitioner was a graduate researcher. how the proposed endeavor in the United States has broader implications beyond his immediate employer and its clients 2. The record, however, contains no documentation or verification from this employer confirming the Petitioner’s employment or describing the duties he performed in this role. the Petitioner’s relatively small number of published papers counters the positive consideration of his record | EE |
| 29126888 | 1. did not provide sufficient detail and supporting evidence to establish that the endeavor would offer substantial economic benefits in its region, or in the nation generally how it would have national or global implications in the field, have significant potential to employ U.S. workers or have other substantial economic effects, broadly enhance societal welfare or cultural or artistic enrichment, or significantly impact a matter that a government entity has described as having national importance. the Petitioner established that his proposed endeavor had substantial merit. However, the Director determined that the Petitioner did not demonstrate the national importance of his proposed endeavor. The Director stated that the Petitioner’s assertions regarding the national impact of his proposed endeavor were not supported by independent objective evidence has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed business would rise to the level of national importance. | CEO of food company |
| 29733652 | 1. the Petitioner did not demonstrate that the potential prospective impact of his proposed endeavor rose to the level of national importance. | entrepreneur |
| 29547030 | did not describe a cognizable endeavor that could be analyzed under the Dhanasar framework. | energy systems engineer |
| 29339509 | 1. the Petitioner established the substantial merit of his proposed endeavor, but not its national importance. Specifically, the Director concluded that the evidence did not convey an understanding of how the Petitioner’s proposed endeavor stands to have broader implications in his field. | consultant in the fields of architecture |
| 29337719 | Although this shows prospective growth in the field, this does not show the proposed endeavor’s prospective impact. Here, the record does not establish that her proposed endeavor stands to significantly impact the projected demand of the field as required by Dhanasar. | entrepreneur in the field of financial management |