The Petitioner, a motorcycle mechanic and instructor, seeks employment-based second preference (EB-2) immigrant classification as an individual of exceptional ability, as well as a national interest waiver of the job offer requirement attached to this classification. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § l 153(b)(2).
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established eligibility for the requested EB-2 classification and 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 pursuant to 8 C.F.R. § 103.3.
The Petitioner bears the burden ofproof to demonstrate eligibility by a preponderance ofthe evidence. Matter ofChawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter de novo. Matter of Christo 's, Inc. , 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, we will dismiss the appeal.
Law
To qualify for the underlying EB-2 visa classification, a petitioner must establish they are an advanced degree professional or an individual of exceptional ability in the sciences, arts, or business. Section 203(b)(2)(A) of the Act.
An advanced degree is any U.S. academic or professional degree or a foreign equivalent degree above that of a bachelor's degree. 8 C.F.R. § 204.5(K)(2). A U.S. bachelor's degree or foreign equivalent degree followed by five years ofprogressive experience in the specialty is the equivalent of a master's degree. Id. [If a doctoral degree is customarily required for the specialty, the alien must possess a U.S. doctorate or a foreign equivalent degree. Id.]
Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. 8 C.F.R. § 204.5(k)(2). A petitioner must initially submit documentation that satisfies at least three of six categories of evidence:
(A) An official academic record showing that the alien has a degree, diploma, p. 2 certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(B) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(C) A license to practice the profession or certification for a particular profession or occupation;
(D) Evidence that the alien has commanded a salary, or other renumeration for services, which demonstrates exceptional ability;
(E) Evidence of membership in professional associations; or (F) Evidence ofrecognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
The regulation at 8 C.F.R. § 204.5(k)(3)(iii) provides, "If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility."
Meeting at least three criteria, however, does not, in and of itself: establish eligibility for this classification. See generally 6 USCIS Policy Manual F.5(B)(2), https://www.uscis.gov/policymanual. If a petitioner does so, we will then conduct a final merits determination to decide whether the evidence in its totality shows that they are recognized as having the requisite degree of expertise and will substantially benefit the national economy, cultural or educational interests, or welfare ofthe United States. Section 203(b)(2)(A) of the Act.
Ifa petitioner establishes eligibility for the underlying EB-2 classification, they must then demonstrate that they merit a discretionary waiver of the 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 the framework for adjudicating national interest waiver petitions. Dhanasar states that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, 1 grant a national interest waiver if the petitioner demonstrates that:
- 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.
Id.
Analysis
The Petitioner proposes to work in the United States as a motorcycle mechanic and instructor through his business, 701 Cycles. The Director found that the Petitioner had not established eligibility for the underlying EB-2 classification as an individual of exceptional ability, or that he merited a discretionary waiver of the job offer requirement in the national interest. For the reasons discussed below, we agree with the Director that the Petitioner has not established eligibility for the underlying EB-2 classification. While we do not discuss every piece of evidence individually, we have reviewed and considered each one.
A. Eligibility for the EB-2 Classification
With respect to the underlying EB-2 classification, the Petitioner does not claim eligibility for the classification as a member of the professions holding an advanced degree. Instead, he claims to be eligible as an individual ofexceptional ability in the sciences, arts, or business. In denying the petition, although the Director recognized that the Petitioner met the criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A) and (C), the Director determined that the Petitioner did not satisfy any of the remaining four criteria at 8 C.F.R. § 204.5(k)(3)(ii)(B), (D), (E), and (F). The Director also concluded upon a final merits determination in reviewing the totality of the evidence, that the Petitioner had not demonstrated that he possesses a degree of expertise significantly above that ordinarily encountered as a motorcycle mechanic and instructor.
On appeal, the Petitioner requests that we reconsider the decision based on the additional information he provided and contends that the Director misunderstood the facts. The Petitioner also argues that he has submitted sufficient documents to demonstrate his eligibility for the underlying EB-2 classification. After reviewing the evidence, we agree with the Director's assessment that the record does not support a finding that the Petitioner has met the requirements for at least three criteria. Evidence in the form ofletter(s)from current orformer employer(s) showing that the alien has at least ten years offitll-time experience in the occupation for which he or she is being sought. 8 C.F.R. § 204.5(k)(3)(ii)(B)
The Petitioner argues that he has been self-employed as a mechanic and has over ten years of experience in the motorcycle repair industry. In support ofhis claim, the Petitioner submits two lettersone from a former neighbor and another from a certified public accountant (CPA)-describing their knowledge of his business. However, the letter from the CPA merely states that they have conducted business with the Petitioner, without providing substantive details. We recognize that an individual may submit evidence to demonstrate business ownership and claim that their qualifying employment was obtained through self-employment. However, to establish qualifying work experience gained through self-employment, a petitioner must provide sufficient evidence detailing the specific duties performed, confirm that these duties were carried out on a foll-time basis for at least ten years, and demonstrate that the experience aligns with the proposed occupation outlined in the petition. In this case, the Petitioner has not provided sufficient evidence to show that he was actively engaged in business foll-time during the specified period. Furthermore, he has not sufficiently described his role p. 4 within his business or his job responsibilities. Accordingly, the Petitioner has not met his burden of proof in establishing his eligibility under this criterion.
Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability. 8 C.F.R. § 204.5(k)(3)(ii)(D).
The Director determined that the Petitioner's evidence did not demonstrate that the income the Petitioner earned through his motorcycle mechanic repair business was due to his exceptional ability. On appeal, the Petitioner refers to his pay stub and articles on motorcycle mechanic pay in his area to meet this criterion. The Petitioner nonetheless has not established that his earnings exceed the typical expectation in his field. Accordingly, the Petitioner has not met this criterion.
Evidence ofmembership in professional associations. 8 C.F.R. § 204.5(k)(3)(ii)(E).
In support ofthis criterion, the Petitioner submitted certificate of apprenticeship and recommendation letters to demonstrate his eligibility for this criterion. The Director determined that the Petitioner has not "provided documentation to establish the membership requirements for this organization such that it can be determined that the association is professional in nature, and the basis used by the organization to admit the self- etitioner as a member." On a eal, the Petitioner submits documents from the.__________________________________,as evidence of his membership in these associations. However, neither document provides information on the membership requirements of the respective associations or whether their members are comprised of individuals who have earned a U.S. baccalaureate degree or its foreign equivalent. Therefore, the Petitioner has not met this criterion.
Evidence ofrecognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Conclusion
As the Petitioner has not established eligibility for the underlying EB-2 classification, we conclude that he has not established that he is eligible for or otherwise merits a national interest waiver as a matter of discretion. The appeal will be dismissed for the above stated reasons.
ORDER: The appeal is dismissed.