Cartography and geographic information systems
The AAO dismissed the appeal because the Petitioner did not establish the national importance of his proposed endeavor under the first Dhanasar prong.
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Summary
A cartography manager sought a national interest waiver for a plan to build a local-level geographic information system and offer related consulting and training, but the Texas Service Center Director denied it. With the Director having found substantial merit, the AAO examined several arguments for national importance, including federal data needs, nonprofit status, STEM policy priorities and labor shortages. It treated the nonprofit point as a merit argument and found the rest not supported by evidence tying this particular endeavor to a broad national effect. The appeal was dismissed on the first prong, with the third prong reserved.
Findings
| Criterion / prong | AAO finding | From the decision |
|---|---|---|
| Prong 1: Substantial merit and national importance | Not met | the Petitioner has not sufficiently demonstrated the national importance of his proposed endeavor under the first prong of the Dhanasar analytical framework |
| Prong 2: Well positioned to advance the endeavor | Not addressed | |
| Prong 3: Balance favors waiving the job offer | Not reached |
Why the AAO decided this way
- The Director found substantial merit and the AAO addressed national importance, concluding that the Petitioner did not explain how the endeavor would expand to serve the federal, state and local users he described and that the record lacked letters from interested agencies.
- The Petitioner's argument that the endeavor is a nonprofit initiative went to substantial merit, not national importance, and the AAO noted that the record included articles of organization for a limited liability company, an apparent contradiction.
- Government priorities on STEM inclusivity and links to critical and emerging technologies did not show that the government has an interest in this particular endeavor or that it bears on U.S. competitiveness or security.
- The labor shortage argument did not show an effect on national employment levels, since shortages are addressed through the labor certification process, and the third prong was reserved.
Authorities cited
- Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010)
- Matter of Christo's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015)
- Matter of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016)
- Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023)
- INS v. Bagamasbad, 429 U.S. 24, 25 (1976)
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