By Attorney Hong-min Jun

In National Interest Waiver (NIW) adjudications under the EB-2 category, one recurring issue is whether economic "ripple effects" generated by consulting or professional services can establish national importance. In practice, this argument is frequently raised but rarely persuasive when examined under the applicable legal framework.

The Dhanasar Starting Point

The starting point is the standard articulated in Matter of Dhanasar. The analysis does not focus on whether the applicant's industry is important in general. Instead, it examines whether the applicant's specific proposed endeavor has substantial merit and national importance. This distinction is critical.

General statements about the value of an industry — such as consulting, information technology, or business development — are insufficient. The inquiry is directed at the scope and impact of the applicant's own planned activities.

Economic Contributions: The Directness Requirement

When applicants rely on economic contributions to establish national importance, the same principle applies. It is not enough to assert that a business activity contributes to economic growth. The adjudication looks at how direct that contribution is and how broadly it extends.

Job creation, revenue generation, and market expansion are all relevant factors, but they must be evaluated in context — including their scale and their reach beyond a limited set of beneficiaries.

The Core Weakness: Indirect Economic Reasoning

A common weakness in consulting-based NIW petitions is the reliance on indirect economic reasoning. Applicants often argue that their services will improve the performance of client companies, which will in turn increase revenue, expand exports, or enhance competitiveness — ultimately benefiting the U.S. economy.

While logically coherent, this chain of reasoning is typically viewed as too attenuated.

Export Consulting and International Business Advisory

This issue becomes particularly clear in cases involving export consulting, market expansion strategies, or international business advisory services. Although such services may help individual companies grow, the direct impact remains confined to those specific clients.

Any broader economic benefit — such as improvements in trade balance or national output — is considered indirect and speculative rather than a direct result of the applicant's endeavor.

IT Consulting and Digital Transformation

A similar pattern appears in IT consulting and digital transformation cases. Services involving cybersecurity, data systems, artificial intelligence, or e-commerce optimization may be technically valuable and commercially relevant.

However, unless the applicant can demonstrate that their work will extend beyond individual client engagements and influence the industry as a whole, the impact is often viewed as limited in scope. Projections of hiring or revenue that reflect only modest business growth are generally not sufficient to establish a substantial positive economic effect at the national level.

Direct vs. Indirect Impact: The Conceptual Distinction

At a conceptual level, the distinction rests on the difference between direct and indirect impact. The adjudication focuses on the immediate sphere of influence of the applicant's work. Benefits that arise after several intermediate steps — particularly those dependent on the independent success of third-party businesses — are not treated as evidence of national importance attributable to the applicant.

Business Plans and Numerical Projections

Business plans are also examined with this framework in mind. Numerical projections regarding revenue or job creation are not accepted at face value. They must be supported by credible analysis, including market conditions, operational structure, and a clear explanation of how and why such growth will occur. Without this supporting evidence, projected figures carry limited weight.

The Viable Path for Consulting NIW

In this context, the key issue is not whether the applicant's work has economic value, but whether that value is sufficiently direct, scalable, and demonstrable at a broader level.

Consulting and professional services can support a strong NIW case, but only when the applicant can show that their methodology, system, or technical approach is capable of wider adoption or influence beyond individual client relationships.