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DismissedNational Interest Waiver · Appeal

Soccer match official

Arts, media & sports · decided 2023-08-10 · TSC · AUG102023_08B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

  • Prong 1Merit and national importanceNot met
    Why
    CONCLUSION As the Petitioner has not met the requisite first prong ofthe Dhanasar analytical framework, we conclude he has not demonstrated eligibility for or otherwise merits a national interest waiver as a matter of discretion. p. 4
  • Prong 2Well positioned to advance itNot decided

    No finding on this in the appeals office's own words.

  • Prong 3Worth waiving the job offerNot decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established eligibility for a waiver of the required job offer, and thus of the labor certification, would be in the national interest. See in text

What the AAO decided

  • Upon de novo review, we will dismiss the appeal. 1 See in text
  • The appeal will be dismissed for the above stated reasons, with each considered as an independent and alternate basis for the decision. See in text
  • ORDER: The appeal is dismissed. See in text

Main reasons given

  • As the Petitioner has not met the requisite first prong ofthe Dhanasar analytical framework, we conclude he has not demonstrated eligibility for or otherwise merits a national interest waiver as a matter of discretion. See in text
  • 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 3 The Petitioner's arguments and evidence relate more to the substantial merit aspect ofthe proposed endeavor rather than the national importance part. demonstrated eligibility for a national interest waiver. See in text
  • In Dhanasar, we determined the petitioner's teaching activities did not rise to the level of having national importance because they would not impact the field more broadly. See in text
Show 1 more
  • Likewise, the record does not show through supporting documentation how his proposed endeavor stands to sufficiently extend beyond his prospective athletes or academies and organizations who may utilize his services, to impact the industry or the U.S. economy more broadly at a level commensurate with national importance. See in text
Read the full decision (4 pages)

Objections found (4)

Automated tags. Each shows the sentence that triggered it.

  • Prong 1Proposed endeavor too vague
    Although he stresses the importance and benefits of youth sports, such as combatting childhood obesity, and references his submission of related documentation, the Petitioner must demonstrate the national importance of his specific, proposed endeavor of providing his particular soccer promotion services rather than the importance of"culture, health, and education" and associated range oftopics. 3 In Dhanasar, we noted that "we look for broader implications" ofthe proposed endeavor and that "[ a ]n undertaking may have national importance for example, because it has national or even global impl… See in text (p. 3)
  • Prong 1No broader implications shown
    For all these reasons, the record does not show that, beyond the possible limited benefits provided to his prospective athletes or entities, the Petitioner's proposed endeavor has broader implications rising to the level of having national importance or that it would offer substantial positive economic effects. See in text (p. 3)
  • Prong 1Job creation or economic claims unsupported
    Finally, the Petitioner did not show that his proposed endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation. See in text (p. 3)
  • Prong 2Past record does not show influence or success
    Here, the Petitioner did not demonstrate how his proposed endeavor largely influences the field and rises to the level ofnational importance. See in text (p. 3)

Full decision

OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

Highlighted: Outcome (3) AAO finding (4) Tagged objection (4)Matter of X citation
Decision header
U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: AUG. 10, 2023 · In Re: 28015885 · Appeal of Texas Service Center Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

The Petitioner, a soccer match official, seeks second preference immigrant classification as a member of the professions holding an advanced degree or as an individual of exceptional ability, as well as a national interest waiver of the job offer requirement attached to this EB-2 classification. 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 had not established eligibility for 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 ofproof to demonstrate eligibility by a preponderance ofthe evidence. Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter de novo. Matter of Christa's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, we will dismiss the appeal. 1

Law

To establish eligibility for a national interest waiver, petitioners must 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. In addition, petitioners must show the merit of a discretionary waiver ofthe job offer requirement "in the national interest." Section 203(b )(2)(B)(i) ofthe Act. Matter ofDhanasar, 26 I&N Dec. 884, 889 (AAO 2016) provides that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion2, grant a national interest waiver if:

  • 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.

Analysis

Regarding the national interest waiver, the first prong relates to substantial merit and national importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. At initial filing, the Petitioner's cover letter stated:

[The Petitioner] is seeking to promote physical activity through football, coaching through local teams, and leading them to implement new soccer techniques to better the health of U.S. citizens by reducing sedentarism and obesity. With his immense expertise related to soccer, he will ensure that any soccer academy and non-profitorganization benefit maximally from his extensive knowledge and experience participating as a Coordinator Manager in World Cups, Regional Cups, and Local Cups.

In response to the Director's request for evidence, the Petitioner indicated:

My proposed endeavor is to build upon my extensive experience in the field of sports management, to farther the growth of the soccer industry in the United States. During 25 years of this long and fruitful experience I was able to achieve palpable and demonstrable successes both in South America and in the United States of America for the development and growth of soccer, in its formation bases.

As a professional in soccer as a Coordinator Manager and Coach, I am seeking to promote the soccer game among U.S. citizens to improve their health by reducing obesity and sedentary. I will be coaching and providing a guideline to soccer academies to achieve their goals seeking to attract more people to practice this sport in Florida.

The Director determined the Petitioner demonstrated the proposed endeavor's substantial merit but not its national importance. On appeal, the Petitioner maintains:

The Petitioner seeks to promote the sport ofsoccer in the United States in various ways, including by advising and creating soccer academies, giving guidance to soccer teams, participating in national competitions, and so on, much as he did in Venezuela, leading his insurmountable operational, administrative, and technical expertise to the furtherance and popularization of the sport of soccer and the growth of the U.S. soccer industry, benefitting players (primarily youths) in their physical, cognitive, psychological, social, and cultural development (ultimately resulting in economic benefits deriving directly from these sports-induced improvements).

In determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on "the specific endeavor that the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. Although he stresses the importance and benefits of youth sports, such as combatting childhood obesity, and references his submission of related documentation, the Petitioner must demonstrate the national importance of his specific, proposed endeavor of providing his particular soccer promotion services rather than the importance of"culture, health, and education" and associated range oftopics. 3 In Dhanasar, we noted that "we look for broader implications" ofthe 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."Proposed endeavor too vague 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.

Moreover, in regard to the Petitioner's references to his "experience" and "expertise," they relate to the second prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national." Id. at 890. The issue here is whether the specific endeavor he proposes to undertake has national importance under Dhanasar's first prong.

Furthermore, 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. Dhanasar, 26 I&N Dec. at 889. Here, the Petitioner did not demonstrate how his proposed endeavor largely influences the field and rises to the level ofnational importance.Past record does not show influence or success In Dhanasar, we determined the petitioner's teaching activities did not rise to the level of having national importance because they would not impact the field more broadly. Id. at 893. Likewise, the record does not show through supporting documentation how his proposed endeavor stands to sufficiently extend beyond his prospective athletes or academies and organizations who may utilize his services, to impact the industry or the U.S. economy more broadly at a level commensurate with national importance.

Finally, the Petitioner did not show that his proposed endeavor has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.Job creation or economic claims unsupported Without evidence regarding any projected U.S. economic impact or job creation attributable to his future work, the record does not reflect any benefits to the U.S. regional or national economy resulting from his soccer promotion services would reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890.

For all these reasons, the record does not show that, beyond the possible limited benefits provided to his prospective athletes or entities, the Petitioner's proposed endeavor has broader implications rising to the level of having national importance or that it would offer substantial positive economic effects.No broader implications shown 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 3 The Petitioner's arguments and evidence relate more to the substantial merit aspect ofthe proposed endeavor rather than the national importance part. p. 4 demonstrated eligibility for a national interest waiver. Further analysis ofhis eligibility under the second and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose. 4

Conclusion

As the Petitioner has not met the requisite first prong ofthe Dhanasar analytical framework, we conclude he has not demonstrated eligibility for or otherwise merits a national interest waiver as a matter of discretion. The appeal will be dismissed for the above stated reasons, with each considered as an independent and alternate basis for the decision.

ORDER: The appeal is dismissed.