The Petitioner, a sales manager, seeks secondpreference immigrant classification as a member ofthe professions holding an advanced degree, as well as a national interest waiver of the job offer requirement attached to this EB-2 classification. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § l 153(b)(2).
The Director ofthe Nebraska 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 ce1iification, would be in the national interest.
On appeal, the Petitioner submits a brief asserting her eligibility 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 novo 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 p. 2 substantially benefit prospectively the national economy, cultural or 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)Nationalinterestwaiver.... [T]heAttorneyGeneralmay,whentheAttorney 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.
Furthermore, 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 o f Dhanasar, 26 I&N Dec. 884 (AAO 2016). 1 Dhanasar states that after a petitioner has established 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 impmiance, 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.
Thesecondprongshiftsthefocusfromtheproposedendeavortotheforeignnational. Todetermine 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 UnitedStatestowaivetherequirementsofajobofferandthusofalaborcertification. Inperforming 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 ajob offerorforthepetitionerto 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 Inannouncingthisnewframework,wevacatedourpriorprecedentdecision,MatterofNew YorkStateDepartmentof Transportation, 22 I&NDec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT).
See also Poursina v. USCJS, No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS' decision to grant or deny a nationalinterestwaiverto be discretionaiy in nature). p. 3 sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) considered must, taken together, indicate that on balance, it would be beneficial to the United States The Director concluded that the Petitioner qualifies as a member of the professions holding an advanceddegree. TheremainingissuetobedeterminediswhetherthePetitionerhasestablishedthat 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 eligibility under the first prong of the Dhanasar analytical framework.
The first prong relates to substantial merit and national importance of the specific proposed endeavor. Dhanasar,26I&NDec.at889. ThePetitionerinitiallyclaimedthatshe"intendstocontinuehercareer as a Sales Manager, in which capacity she will enhance the revenue of U.S. companies, thus elevating their productivity patterns and market growth," and "[s]hewill also help U.S. companies expand their business operations into Latin American matkets." In response to the Director's request for evidence, the Petitioner offered an updated statementindicatingthatshe"intend[s] to continue [her] careerin the United States as a Sales Manager, using [her] 25 years ofprofessional expertise, along with [her] strong expe1tise in Sales and Marketing in Tourism, Public Tourism Policies, Tourism Planning, International Relations, Hospitality, Hospitality Administration, and Business in Tourism." In addition, she "plan[s] to use [her] skills and knowledge, gained through 25 years of professional experience, to contribute to U.S. societal needs and economic prosperity through [her] role as a Sales Manager.
The Petitioner maintains on appeal that she "will continue her career as a Sales Manager, in which position she will further her sales methodologies, all while prompting cross-border tourism, transactions, and cooperation between the U.S. and foreign markets, explicitly in Brazil and the wider Latin America region." TheDirectordeterminedthatthePetitionerdemonstratedtheproposedendeavor'ssubstantial merit but not its national importance.
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." See Dhanasar, 26 I&N Dec. at 889. Here, the Petitioner must demonstrate the national importance ofher providing specific sales management rather than the national importance of the sales manager position in a company or the wide range of fields or industries, such as tourism, in which she intends to work. 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, pa1iicularly in an economically depressed area, for instance, may well be understood to have national importance." Id. at 890.
Throughout the record, including in her appeal brief, the Petitioner emphasizes her "past record of achievements and continuous concrete contributions," "expertise," "over 32 years of progressive to waive the requirements of a job offer and thus of a labor certification.
Analysis
SccDhanasar, 26l&NDec. at 888-91, for elaboration onthesethreeprongs. p. 4 experience," "significant experience," and "strong knowledge." The Petitioner's experience and abilities in her field relate to the second prong of the Dhanasar framework, which "shifts the focus from 1he proposed endeavor to the foreign national." Id. at 890. The issue here is whether the specific endeavor that she proposes to undertake has national impmiance under Dhanasar' s first prong.
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 asserts that her proposed endeavor "will enhance the revenue of U.S. companies, thus elevating their productivity patters and market growth" and "will provide significant sales growth potential for U.S. companies, which will ultimately impact the productivity of the U.S. business ecosystem, as well as national economic activities," she has not offered sufficient, specific information and evidence to demonstrate that the prospective impact ofher specific proposed endeavor rises to 1he levelofnationalimportance. Instead,therecordcontainsevidenceregardinggeneralinformationof the relationship between immigrants and the economy, the talent shortage of sales managers, the role of sales in business, and the importance of sales and tourism. 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 his field more broadly. Id. at 893. Here, the record does not show that the Petitioner's proposed endeavor of serving as a sales manager stands to sufficiently extend beyond her potential or futuristic employers, to impact the tourism industry or any other industries or the U.S. economy more broadly at a level commensurate with national importance.
Furthermore, the Petitioner has not established 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 While the Petitioner claims that her "proposed endeavor will also contribute to tax revenue, and ultimately help increase the flow ofmoney in the U.S. on a national level, which will contribute to an enhanced U.S. gross domestic product (GSP)," she did not further elaborate and provide specific details to corroborate her assertions. Without sufficient information or evidence regarding any projected U.S. economic impact orjob 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 sales manager position would reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. Accordingly, the Petitioner's proposed endeavor does not meet 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 demonstratedeligibilityforanationalinterestwaiver. Furtheranalysisofhereligibilityunder1hesecond and third prongs outlined inDhanasar, therefore, would serve no meaningful purpose.
Conclusion
As thePetitionerhasnotmettherequisitefirstprongoftheDhanasaranalyticalframework,weconclude that she has not demonstrated that she is eligible for or otherwise merits a national interest waiver as amatterofdiscretion. Theappealwillbedismissedfortheabovestatedreasons,witheachconsidered as an independent and alternate basis for the decision.
ORDER: The appeal is dismissed.