The Petitioner seeks employment-based second preference (EB-2) immigrant classification as a member of the professions holding an advanced degree or an alien 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).
Service Center Operations (SCOPS) denied the petition, concluding the Petitioner did not establish that 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 of proof to demonstrate eligibility by a preponderance of the evidence. Matter ofChawathe, 25 I&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 establish eligibility for a national interest waiver, petitioners must demonstrate that they merit a discretionary waiver of the job offer requirement "in the national interest." Section 203(b )(2)(B)(i) of the Act. Matter of Dhanasar, 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 petitioners demonstrate:
- 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
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] intends to continue working in his field of computer science and engineering to advance the integration of AI [ artificial intelligence] and other exponential technologies to solve complex problems with transformative solutions that have significant societal impact. Specifically, he intends to utilize his talents and expertise in AI engineering, data engineering, quantum computing, and blockchain technology to help organizations, such as his employer, implement data-driven AIpowered tools that can be integrated into their existing processes in order to drive efficiency and economic growth among other societal benefits ....
In addition, the Petitioner offered his personal statement indicating:
My goal or proposed endeavor is to continue advancing the integration of [AI] and other exponential technologies to solve complex problems with transformative solutions that have significant societal impact. Utilizing my talents and expertise in [AI] engineering, data engineering, quantum computing, and blockchain technology, I will help organizations, such as my employer, implement data-driven AI-powered tools that can be integrated into their existing processes. These cutting-edge platforms and applications will drive efficiency and economic growth among other societal benefits.
In this way, by carrying out my endeavor, the contributions that I will provide will benefit the United States at large .
. . . I intend to continue working in ID)'. field. I am currently working in the senior-level position of AI Senior AI Engineer atl l where I have been advancing the integration of AI and other exponential technologies within healthcare systems to improve patient outcomes, enhance accessibility to quality care, and reduce healthcare costs. Specifically, I have been designing, implementing, and optimizing data-driven solutions that leverage machine learning, quantum computing, and blockchain technology to solve complex healthcare challenges, creating a significant impact on public health across the United States. In my upcoming employment with Modular, I will work with product and partner engineering teams to design high scale end-to-end distributed large language models (LLM) inference server features that are fully integrated with the MAX stack - Modular's high-performance inference framework that can be used to build, optimize, and deploy AI models fast on specialized computing hardware like graphics processing units (GPUs). Through this work, I will directly support the broader adoption of AI in real-world applications, including healthcare, by making advanced AI models more efficient, accessible, and cost effective to run.
Through my current and upcoming work, I am in a great position to continue advancing p. 3 my proposed endeavor and intend to continue to do so upon being granted US permanent resident status.
However, the Petitioner did not offer a specific proposed endeavor as contemplated under Dhanasar, 26 I&N Dec. at 889. Instead, the Petitioner's cover letter and personal statement discussed broad plans without providing specific information. The Petitioner did not further elaborate and did not specifically indicate, for example, what type of "data-driven AI-powered tools" he intended to implement, how his "cutting-edge platforms and applications will drive efficiency and economic growth," and what kind of "high-scale end-to-end distributed [LLM] inference server" he planned to design. The Petitioner's broad, general claims do not satisfy the requirement of a specific proposed endeavor pursuant to Dhanasar.Proposed endeavor too vague
In response to the request for evidence (RFE), the Petitioner's cover letter claimed:No broader implications shown
Petitioner submitted probative evidence that he has already made significant advances in his field of computer science and engineering advancing the integration of AI and other exponential technologies which have had broad impact of national importance and that, if he is allowed to continue advancing his proposed endeavor in the US, his work will more likely than not continue to have broad impact of national importance.
The very nature of the "proposed endeavor" is prospective-looking. Here, the Petitioner relies on his past work without specifically explaining what his future work will entail. Moreover, simply intending to continue his work or generally indicating in broad terms that he will develop AI technology or will be utilizing various models is not sufficient unless he provides particular information that establishes a specific proposed endeavor as required under Dhanasar, 26 I&N Dec. at 889. Similarly, we note that the Petitioner initially submitted recommendation letters that mainly discussed the Petitioner's prior work and accomplishments, including at Elevance Health, and briefly mentioned that he will continue to develop AI-related technology without sufficiently expanding on his prospective work. 2 Without a specific proposed endeavor, a determination cannot be made whether the endeavor has substantial merit and national importance (prong one), that the Petitioner is well-positioned to advance the endeavor (prong two), and on balance, waiving the job offer requirement would benefit the United States (prong three). Accordingly, we withdraw SCOPS' favorable determinations relating to substantial merit under prong one and satisfaction of prong two because a decision cannot be made in the absence of a specific proposed endeavor.
Conclusion
As the Petitioner has not offered a specific proposed endeavor as required under Dhanasar, we conclude the Petitioner 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.
NOTICE: This constitutes the final decision in this matter. The filing of a motion will not postpone the effect of the decision. 8 C.F.R. § 103.5(a)(l)(iv). Aliens who are not lawfully present, or who are otherwise inadmissible or deportable, may be subject to the commencement of removal proceedings under section 240 ofthe Act through the issuance of a Form I-862, Notice to Appear. Those proceedings may result in their removal from the United States and possible ineligibility for future visas or other immigration benefits.