The Petitioner seeks to employ the Beneficiary as a senior software engineer. The Petitioner requests the Beneficiary's classification under the 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. § l 153(b )(2).
The Director of the Nebraska Service Center denied the petition, concluding that although the Beneficiary qualified for the classification as a member ofthe professions holding an advanced degree, the Petitioner had not established 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. 8 C.F.R. § 103.3.
The Petitioner bears the burden ofproof 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 qualify for the underlying EB-2 classification, a petitioner must establish that a beneficiary is either a member of the professions holding an advanced degree or an individual of exceptional ability in the sciences, arts, or business. Section 203(b )(2)(B)(i) of the Act. Because this classification requires that the individual's services be sought by a U.S. employer, a separate showing is required to establish that a waiver of the job offer requirement is in the national interest.
We set forth a framework for adjudicating national interest waiver petitions in the precedent decision Matter ofDhanasar, 26 I&N Dec. 884, 889 (AAO 2016). Dhanasar states that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, 1 grant a national interest waiver of the
job offer, and thus the labor certification, under the EB-2 classification 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.
See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs.
Eb-2 Eligibility
The Director's decision did not indicate whether, in addition to his bachelor's degree, the Beneficiary had at least five years of progressive post-baccalaureate experience in order to qualify as an advanced degree professional. We will therefore reserve the issue of whether the Beneficiary qualifies for the underlying EB-2 classification. 2
National Interest Waiver
The Director determined that the Petitioner demonstrated the substantial merit ofthe proposed endeavor. We agree. The issue to be determined on appeal is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. In response to a request for evidence, the Petitioner provided the following description of the Beneficiary's proposed endeavor:
As Senior Software Engineer, [the Beneficiary] will continue to utilize AI/ML [artificial intelligence/machine learning], cloud computing, and digital payments, data privacy and security, and cybersecurity technologies to deliver cloud-based ecommerce platforms and payment-related services for I lby configuring appropriate monitoring and alerting rules and standardizing processes across environments. He will continue to automate deployment workflows, which enhance scalability, efficiency, consistency, collaboration, quality, and compliance while reducing legal and operational risks and improving the security standards. His role is critical tol lability to meet consumer demands for gaming solutions and ensure that our users' data privacy and confidential information is protected from cyberattacks. He will design and develop innovative models and software solutions implementing robust cybersecurity frameworks, thereby fortifying,__ ________, e-commerce platform against potential threats, and ensuring and protecting our users' data privacy and confidential information. [He will] craft robust and innovative software applications and models that not only seamlessly translate conceptual ideas into functional and user-friendly applications, but also ensure that private data remains safe and unaffected by potential security breaches and other 2 See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) ("courts and agencies are not required to make findings on issues the decision of which is unnecessaiy to the results they reach"); Matter olL-A-C-, 26 I&N Dec. 516, 526 n.7 (BIA 2015) ( declining to reach alternative issues on appeal where an applicant is othe1wise ineligible). p. 3 deleterious effects of malware. Utilizing streaming capabilities and resilient features of the cloud, [the Beneficiary] designs and enhances I !penetration in the digital payments' domain, by presenting multiple payment options for a seamless checkout experience. (Emphasis in the original.)
Although the Director determined that the proposed endeavor had substantial merit, the Director concluded the record did not establish that the endeavor is of national importance. On appeal, the Petitioner reiterates arguments concerning the purported national importance ofthe proposed endeavor and cites documentation previously included in the record. The Petitioner asserts that the Director's decision was in error, and that the Director erred by misapplying the preponderance of the evidence standard3 and overlooking certain evidence in the record. Upon review, for the reasons discussed below, we agree with the Director that the Petitioner has not sufficiently demonstrated the national importance of the proposed endeavor in order to establish eligibility under the first prong of the Dhanasar analytical framework.
The first prong, substantial merit and national importance, focuses on the specific endeavor that the individual proposes to undertake. The endeavor's merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. In determining whether the proposed endeavor has national importance, we consider its potential prospective impact. Dhanasar, 26 I&N Dec. at 889.
In determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake." Id. at 889. In Dhanasar, we further noted that "we look for broader implications" of the proposed endeavor and that "[ a ]n undertaking may have national importance for example, because it has national or even global implications within a particular field." Id. We also stated that "[a]n endeavor that has significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area, for instance, may well be understood to have national importance." Id. at 890. Further, to evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement, we look to evidence documenting the "potential prospective impact" of his work. Id. at 889.
The record includes industry reports and articles discussing e-commerce and the economy, video game sales and impacts, as well as government initiatives concerning artificial intelligence and critical and emerging technologies. This material, however, does not provide sufficient insight into the Petitioner's plans to employ the Beneficiary as a senior software engineer continuing to develop and manage the company's cloud-based payment platforms. While this documentation generally relates to the area ofthe proposed endeavor, it does not speak to how the Beneficiary's work as a single senior software engineer maintaining secure payment platforms within a multi-billion-dollar digital entertainment company would have a potential prospective impact of national importance.Proposed endeavor too vague
The record also includes letters of recommendation discussing the Beneficiary's work in several positions in which he deployed his skills to achieve the goals of his employers. Although these letters 3 See INS v. Cardoza-Foncesca, 480 U.S. 421, 431 ( 1987) ( discussing "more likely than not" as a greater than 50% chance of an occurrence taking place). p. 4 express confidence in the Beneficiary's abilities and discuss his previous job performance, they do not provide any information concerning the proposed endeavor. We note that evidence of the Beneficiary's job experience and performance generally relates not to the national importance of an endeavor, as discussed in the first prong of Matter ofDhanasar, but to the second, 4 which evaluates whether an individual is well positioned to advance an endeavor. As such, the letters do not sufficiently demonstrate the national importance of the proposed endeavor.
In addition, the record includes documentation discussing issues relating to the fields of science, technology, engineering, and mathematics-collectively known as STEM-which the Petitioner submitted as evidence to support the national importance of the proposed endeavor. Although the Petitioner asserts that the Beneficiary's endeavor will farther certain objectives described in this documentation, the material itself does not provide sufficient insight into how the Beneficiary's specific intent to continue his work at the Petitioner's company would benefit the United States on a national level. While this documentation relates to the area in which the Beneficiary intends to work, it does not speak to how specific work conducted by the Beneficiary would have a potential prospective impact of national importance.
Regarding the material relating to STEM, USCIS Policy Manual guidance provides that an endeavor rooted in STEM may have national importance when the evidence sufficiently demonstrates that it would help the United States to remain ahead of strategic competitors or current and potential adversaries. 5 We may also determine that an endeavor in a STEM field has national importance when it relates to a field where appropriate activity and investment may contribute to the United States achieving or maintaining technology leadership or peer status among allies and partners. Here, the Petitioner has not explained how the proposed endeavor would position the United States ahead of other nations or achieve or retain technology leadership or peer status with other countries. While the Petitioner emphasizes the Beneficiary's knowledge and the importance of cybersecurity in ecommerce, it has not described any technology the Beneficiary has developed that would potentially be advantageous for the United States. Further, although the Petitioner links the proposed endeavor's national importance to a purported shortage of STEM talent, we observe that shortages in a field are not alone sufficient to demonstrate that the Beneficiary's endeavor stands to have an impact on the broader field or otherwise have implications rising to the level of national importance.Relied on a labor shortage On appeal, the Petitioner asserts the importance of the proposed endeavor based on several factors, such as~------~ role in the gaming industry "as one of the leading providers of a versatile streaming platform that can adapt to new gaming trends and consumer demands." The Petitioner cites the growing impact of e-commerce on the economy, highlighting its "far-reaching effects on businesses, consumers, and the overall market," stating that it is "[ n Jot only a vital piece of a company's business strategy, but it is also responsible for spurring economic development." It is not clear, however, what connection the proposed endeavor has to the company's role in the industry or the role of cloud-based payment systems in an economy. The Petitioner broadly cites the importance of the Beneficiary's work to the company in terms of the company's continued success in maintaining secure payment platforms, but the Petitioner does not explain how the company's ability to safeguard 4 Because the Petitioner has not established eligibility under the first prong of the Dhanasar framework, determinations concerning the second and third prongs are unnecessary to the ultimate decision; therefore, they will be reserved in this decision.
its customers' payment information would have an impact of national importance. The Petitioner has not specifically described how the Beneficiary would undertake an endeavor of a scale that would reach the level of "substantial positive economic effects" contemplated by Dhanasar.Job creation or economic claims unsupported Id. at 890. The foundation of the Petitioner's argument for the importance of the proposed endeavor is based on generalizations and presumptions not sufficiently supported by probative evidence. For example, the Petitioner provides the following on appeal:
The challenges associated with digital payment transactions, such as security risks, regulatory compliance, data privacy, customer[s'] trust, and user[s'] experience, encourage research and development in various fields including but not limited to: advanced computing; edge computing and devices; advanced cloud services; digital payment technologies; digital identity technologies, biometrics, and associated infrastructure; communications and network security; privacy-enhancing technologies; technologies for data fusion and improving data interoperability, privacy, and security; and computing supply chain security, which contribute to broader technological improvements in the United States.
Significantly, the beneficiary's work will ensure that users' data privacy and confidential information, including credit card information, is protected, thus enhancing I I cybersecurity capabilities, and improving user engagement, which in tum allows~--~--~ to contribute significant revenue to the U.S. p. 6 overarching positive outcomes anticipated by the Petitioner, nor does the Petitioner adequately articulate how the proposed endeavor would have a prospective national level impact. The Petitioner has not sufficiently established the national importance ofthe proposed endeavor based on its potential job creation or impact on the U.S. economy, nor has the Petitioner provided adequate evidence to show that the endeavor would employ a significant population of workers in a particular region. The Petitioner has not shown that the proposed endeavor would offer a region or its population substantial economic benefits through employment levels, business activity, or tax revenue. A petitioner must support assertions with relevant, probative, and credible evidence. See Matter ofChawathe, 25 I&N Dec. at 376. The Petitioner has not done so here.
The record does not establish the national importance ofthe proposed endeavor as required by the first prong of the Dhanasar precedent decision. Therefore, the Petitioner has not demonstrated eligibility for a national interest waiver. Because the identified reasons for dismissal are dispositive of the Petitioner's appeal, we decline to reach and hereby reserve remaining arguments concerning eligibility under the Dhanasar framework. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (stating that agencies are not required to make "purely advisory findings" on issues that are unnecessary to the ultimate decision); see also Matter of L-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
The Petitioner has not demonstrated that the proposed endeavor has national importance. The Petitioner has not met the requisite first prong of the Dhanasar analytical framework and, therefore, has not established eligibility for a national interest waiver as a matter of discretion. The petition will remain denied.
ORDER: The appeal is dismissed.