The Petitioner seeks employment-based second preference (EB-2) immigrant classification as a member of the professions holding an advanced degree, 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. § 1153(b )(2).
The Director of the Texas Service Center denied the petition. The Director determined that the Petitioner qualifies as a member ofthe professions holding an advanced degree. However, the Director concluded that the record did not establish that a waiver of the job offer requirement, and thus of a 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 of the evidence. Matter ofChawathe, 25 l&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.
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.
If a 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 l&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 the proposed endeavor; and
- On balance, waiving the job offer requirement would benefit the United States.
Id.
Analysis
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. However, for the reasons discussed below, the Petitioner has not established that the proposed endeavor has national importance, as required by the first Dhanasar prong. See id.
The Petitioner described the endeavor as a plan to operate a chain ofpharmacies that provide "low and average costs to the people who are sick, old and belong to economically weaker community, who have to pay for their prescription medicines on their own and looking for affordable and good quality medicines." The Petitioner submitted a business plan that indicates the pharmacy chain's headquarters would be located inl IVirginia, and that she intends to open an additional store inl I I IMaryland, in the fourth and fifth year of operations, respectively. She asserts that both the headquarters and the I lstore will be in designated historically underutilized business zones (HUB Zones). 2 The business plan indicates that the Petitioner would work full time as the pharmacy chain's general manager and pharmacy chief and that, including the Petitioner, the company would employ a total of four full-time and part-time workers in the first year of operations, increasing to a total of 12 full-time and part-time workers in the fifth year of operations, with one additional marketing and accounting contractor, respectively, for each year of operations. The business plan lists job titles including pharmacist, pharmacy technician, cashier, and cleaner; however, the plan does not clarify the number of employees in a given year who would have any particular job title, what the duties of the workers in those positions would be, the number of individuals who would work at the various locations once additional stores open, and what the respective workers' wages would be.
The Director determined that the record "has established the substantial merit of the proposed endeavor." The Director also acknowledged the Petitioner's business plan and personal statements, letters of intent and company documents, and publications providing generalized information regarding the pharmaceutical industry and business.Support letters generic or unsupported However, the Director concluded that "the Petitioner has not shown that her proposed endeavor stands to sufficiently extend beyond her company ... and its clientele to impact the pharmaceutical industry or the U.S. economy more broadly at a level commensurate with national importance."No broader implications shown The Director noted that the record does not establish the address of any of the pharmacy stores, precluding a determination of whether the endeavor would operate in an economically depressed area as the Petitioner asserted, and that the Petitioner "has not shown that her company's future staffing levels and business activity stand to provide substantial economic benefits in Virginia or the United States" or "significant potential to employ U.S. workers."Job creation or economic claims unsupported Based on those issues, the Director concluded that the record does not establish the proposed endeavor 2 The U.S. Small Business Association periodically identifies HUBZones, in part, for the purpose of awarding federal contracts. See generally U.S. Small Business Association, HUBZone Program, https://www.sba.gov/federalcontracting/contracting-assistance-programs/hubzone-program. p. 3 has national importance and, thus, it does not satisfy the first Dhanasar prong. See Matter of Dhanasar, 26 I&N Dec. at 889-90. The Director further concluded that the record does not satisfy the third Dhanasar prong, after summarily indicating in a prior request for evidence that the record satisfies the second Dhanasar prong. See id.
On appeal, the Petitioner reiterates her employment experience and qualifications, she references "industry reports and articles" in the record that provide generalized information regarding the pharmaceutical industry and business, and she reasserts that her company is located in "a designated SBA HUBZone area," where her company will "contribute by creating job opportunities for U.S. workers in these under-resourced communities, improving wages and working conditions, and encouraging local investment to stimulate regional growth."
In determining national importance, the relevant question is not the importance of the industry, field, or profession in which an individual will work; instead, to assess national importance, we focus on "the specific endeavor that the [individual] proposes to undertake" and "we consider its potential prospective impact," looking for "broader implications." Matter ofDhanasar, 26 I&N Dec. at 889. Dhanasar provided examples of endeavors that may have national importance, as required by the first prong, having "national or even global implications within a particular field, such as those resulting from certain improved manufacturing processes or medical advances" or those with "significant potential to employ U.S. workers or ... other substantial positive economic effects, particularly in an economically depressed area." Matter ofDhanasar, 26 I&N Dec. at 889-90.
We first note that the Petitioner's employment experience and qualifications are material to the second Dhanasar prong-whether an individual is well-positioned to advance a proposed endeavor-but they do not inform how the specific endeavor she proposes to undertake may have broader implications indicative ofnational importance, as contemplated by the first Dhanasar prong. See id. Similarly, the industry reports and articles in the record, referenced on appeal, that provide generalized information regarding the pharmaceutical industry and business do not discuss the Petitioner, the specific endeavor she proposes to undertake, and how the proposed endeavor may have the type of broader implications indicative of national importance.Proposed endeavor too vague For example, the publications providing generalized information do not indicate that the specific endeavor the Petitioner proposes to undertake may have national or even global implications within the pharmaceutical industry or any other particular field, such as those resulting from certain improved manufacturing processes or medical advances. See id. As another example, the publications do not articulate how the specific endeavor the Petitioner proposes to undertake may have significant potential to employ U.S. workers or other substantial positive economic effects, particularly in an economically depressed area. See id. Because neither the Petitioner's employment experience and qualifications, nor the publications in the record providing generalized information regarding the pharmaceutical industry and business address how the specific endeavor the Petitioner proposes to undertake may have the type of broader implications indicative of national importance, we need not address them further.
We next note that, as the Director observed, the record does not establish the actual location where any of the Petitioner's pharmacy stores would operate, which precludes a determination of whether the proposed endeavor would operate in an economically depressed area, as she asserted. On the contrary, publicly available information provided by the Commonwealth of Virginia's State Corporation Commission indicates that the principal office address for the Petitioner's pharmacy p. 4 company matches the residential address she provided on the Form I-290B, Notice of Appeal or Motion, and other documents in the record. See Commonwealth of Virginia, State Corporation Commission, Business Entity Search, https://cis.scc.virginia.gov/EntitySearch/Index. In tum, publicly available information provided by the U.S. Small Business Association indicates that the Petitioner's residential address is "not qualified" as a HUB Zone, and that the next evaluation for potential qualification will occur in 2028. See U.S. Small Business Association, HUBZone Map, https://maps.certify.sba.gov/hubzone/map. Thus, contrary to the Petitioner's assertions on appeal, she has not "set up her company in ... a designated SBA HUBZone area" and the record does not establish the potential locations for the planned pharmacy stores and whether any of those particular locations will be in an economically depressed area. See Matter ofDhanasar, 26 I&N Dec. at 889-90 (noting that having substantial positive economic effects, particularly in an economically depressed area, is a factor in determining whether a proposed endeavor may have national importance).
We further note that the Petitioner's statement on appeal that she has "set up her company in ... a designated SBA HUBZone area" directly conflicts with information from the U.S. Small Business Association that the company's address is "not qualified" as a HUBZone. Therefore, the Petitioner's conflicting statement casts doubt on the veracity of her statements in general, and it undermines the reliability and sufficiency of the remainder of the record. See Matter ofHo, 19 I&N Dec. 582, 591 (BIA 1988) (providing that doubt cast on any aspect of a petitioner's proof may undermine the reliability and sufficiency of the remaining evidence offered in support of the visa petition). The record establishes that the proposed endeavor may benefit the Petitioner, as the owner of the pharmacy chain, the 13 additional employees and contractors noted above, and the particular clients who would patronize the pharmacy chain. However, the record does not establish how the potential prospective impact of the specific endeavor the Petitioner proposes to undertake may have the type of broader implications indicative of national importance, as contemplated by the first Dhanasar prong. See Matter of Dhanasar, 26 I&N Dec. at 889-90. For example, neither the business plan nor the remainder of the record establishes how the Petitioner's pharmacy stores may have national or even global implications within the pharmaceutical industry or any other particular field, such as those resulting from certain improved manufacturing processes or medical advances. See id. On the contrary, the record indicates that the pharmacy chain would operate similar to other pharmacy chains, albeit with "low and average costs" for the medications it sells. As another example, as noted above, neither the business plan nor the remainder of the record establishes the number of employees in a given year who would have any particular job title, what the duties of the workers in those positions would be, the number of individuals who would work at the various locations once additional stores open, and what the respective workers' wages would be. Moreover, the record does not establish the significance of creating unspecified numbers of additional positions in the respective job categories in any particular location. Therefore, the record does not establish how the creation of 14 total ]including the Petitioner) full-time, part-time, and contractor positions generally in I Virginia, IMaryland, may demonstrate significant potential to employ U.S. p. 5 advisory findings" on issues that are unnecessary to the ultimate decision); see also Matter ofL-A-C-, 26 I&N Dec. 516, 526 n.7 (BIA 2015) (declining to reach alternative issues on appeal where an applicant is otherwise ineligible).
Conclusion
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we conclude that the Petitioner has not established eligibility for, or otherwise merits, a national interest waiver as a matter of discretion.
ORDER: The appeal is dismissed.