The Petitioner, an accountant, seeks second preference 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 employment-based, "EB-2" 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, concluding that 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. On appeal, the Petitioner submits a brief asserting that she is eligible for a national interest waiver.
In these proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will dismiss the appeal.
Law
To establish eligibility for a national interest waiver, a petitioner must first demonstrate qualification for the underlying EB-2 visa classification, as either an advanced degree professional or an individual of exceptional ability in the sciences, arts, or business. 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.
Section 203(b) of the Act sets out this sequential framework:
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -(A) In general. - Visas shall be made available ... to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or p. 2 educational interests, or welfare ofthe United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) Waiver ofjob offer-
(i) National interest waiver. ... [T]he Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
While neither the statute nor the pertinent regulations define the term "national interest," we set forth a framework for adjudicating national interest waiver petitions in the precedent decision Matter of 1 Dhanasar, 26 I&N Dec. 884 (AAO 2016). eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion , grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national's proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
The first prong, substantial merit and national importance, focuses on the specific endeavor that the foreignnationalproposestoundertake. Theendeavor'smeritmaybedemonstratedinarangeofareas 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.
The second prong shifts the focus from the proposed endeavor to the foreign national. To determine whether he or she is well positioned to advance the proposed endeavor, we consider factors including, but not limited to: the individual's education, skills, knowledge and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals.
The third prong requires the petitioner to demonstrate that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. In performing this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the foreign national's qualifications or the proposed endeavor, it would be impractical either for the foreign national to secure a job offer or for the petitioner to obtain a labor certification; whether, even assuming that other qualified U.S. workers are available, the United States would still benefit from the foreign national's contributions; and whether the national interest in the foreign national's contributions is sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) See also Poursina v. USC1S, No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS' decision to grant or deny a national interest waiver to be discretionary in nature).
Dhanasar states that after a petitioner has established In announcing this new framework, we vacated our prior precedent decision, Matter ofNew York State Department of Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). p. 3 considered must, taken together, indicate that on balance, it would be beneficial to the United States The Petitioner's proposed endeavor is to offer finance and tax consulting services to U.S. companies asanaccountant. TherecordindicatesthatthePetitionerqualifiesasamemberoftheprofessionsholding an advanced degree. The remaining issue to be determined 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. For the reasons discussed below, we agree with the Director that the Petitioner has not sufficiently demonstrated the national importance of her proposed endeavor under the first prong of the Dhanasar analytical framework.
Regarding her claim of eligibility under Dhanasar' s first prong, the Petitioner asserted that she intends to "advance her career as a Financial Accountant, developing business activities and promoting cross-border commercial transactions that will enhance, substantially, the United States economy." She further stated:
My overall proposed endeavor in the United States is to offer my knowledge, experience, and expertise in the fields of accounting, finance, and taxation to American companies in a wide array of industries that are seeking to streamline and improve their internal accounting and finance processes and decrease their tax burdens and penalties.
I propose to use my skills and knowledge gained through 11 years of professional experience, to support U.S. businesses as an Accountant for U.S. companies. Through my support, U.S. businesses can improve their tax management, financial planning, and human resource management, which will allow them to increase their revenue and opportunity for growth.
The Petitioner also claimed that she intended to open her own accounting and tax consulting company in Florida, for which she would serve as the Chief Executive Officer. She indicated that she "will offer advice on international tax transactions, pursuant to the agreement on avoiding double taxation, a common dilemma with businesses involved in international trade for funded through foreign investment." She further stated that in addition to tax consulting, she would also offer "a wide array of quality, expedient, and professional accounting and bookkeeping services, as well as services in auditing, financial projectionandstatementpreparations,andcorporateaccounting." Shecontendedthatherproposedwork would support U.S. businesses in lessening their tax burden and maximizing their profits. Finally, she indicated that her knowledge o f intricate distribution channels, bureaucratic government procedures, and complex financial and tax law regulation in Brazil will help U.S. companies seeking to enter the Brazilian market navigate the Brazilian political and bureaucratic environment successfully.
The record includes information about accounting services in the United States, trends and hiring challenges in the accounting field, tax complexity in Brazil and the United States, and the Brazilian business environment. In addition, the Petitioner provided articles discussing a shortage of skilled to waive the requirements of a job offer and thus of a labor certification.
Analysis
See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. p. 4 accountants in the United States, the complexity o f Brazil ' s tax regime , and the benefits o f international investment. She also submitted information about industry demand for qualified accountants and financial professionals, and the impact ofa talent shortage in the accounting industry. The Director determined that the Petitioner's proposed work as an accountant and tax consultant has substantial merit.
In determining national importance, the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead we focus on the "the specific endeavor that the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. 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.
In her appeal brief, the Petitioner asserts that she has "over 11 years of progressive experience in the financial services industry, in which capacity she has worked in providing accounting and advisory services to large, multinational companies." She further stated that she is "a well-rounded accountant and financial management specialist with an intimate knowledge of the business environment, commercial, and financial services sector in Brazil and the United States." The Petitioner's education, skills, and knowledge in her field, however, relate to the second prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national." Id. at 890. The issue here is whether the specific endeavor that she proposes to undertake has national importance under Dhanasar's first prong.
The Petitioner argues that her proposed endeavor stands to produce "significant national benefits due to the ripple effects ofher professional activities." She notes that while she may work for one company, her proposed endeavor "will affect the whole business ecosystem, as her served organizations, and potential clients, will directly improve the U.S. economy by participating in financial and investment activities throughout the United States." She claims that her proposed endeavor "will broadly enhance U.S. commercial interests, and prompt overall economic enrichment," as well as "help U.S. companies expand into other markets, while also helping foreign companies expand into the U.S."
To evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement we look to evidence documenting the "potential prospective impact" of her work. Although the Petitioner's statements reflect her intention to provide valuable accounting, tax, and financial planning services for her future U.S. employer and clients, she has not offered sufficient infonnation and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance. In Dhanasar we determined that the petitioner's teaching activities did not rise to the level of having national importance because they would not impact her field more broadly. Id. at 893. Here, we conclude that the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her employer and clientele to impact the accounting and financial services industries, or U.S. economy, more broadly at a level commensurate with national importance.No broader implications shown
Furthermore, the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.Job creation or economic claims unsupported Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to her future work, the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's accounting and financial planning services would reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. Accordingly, the Petitioner has not established that her proposed work meets the first prong of the Dhanasar framework.
Because the documentation in the record does not establish the national importance of her proposed endeavor as required by the first prong of the Dhanasar precedent decision, the Petitioner has not demonstrated eligibility for a national interest waiver. Further analysis ofher eligibility under the second and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose.
Conclusion
As the Petitioner has not met the requisite first prong ofthe Dhanasar analytical framework, we conclude that she has not established she 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, with each considered as an independent and alternate basis for the decision.
ORDER: The appeal is dismissed.