The Petitioner, an investment associate in the field of clean energy, seeks classification as a member of the professions holding an advanced degree. Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2). The Petitioner also seeks a national interest waiver of the job offer requirement that is attached to this EB-2 immigrant classification. Section 203(b)(2)(i) of the Act. U.S. Citizenship and Immigration Services (USCIS) may grant this discretionary waiver of the required job offer, and thus of a labor certification, when it is in the national interest to do so. The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified as an advanced degree professional, she had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest. 1 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 ofthe evidence. Matter ofChawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter de novo. Matter ofChristo 's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, we will dismiss the appeal.
If a petitioner demonstrates eligibility for the underlying EB-2 classification, they must then establish that they merit a discretionary waiver of the job offer requirement "in the national interest." Section 203(b )(2)(B)(i) of the Act. While neither the statute nor the pertinent regulations define the term "national interest," Matter of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016), provides the framework for adjudicating national interest waiver petitions. Dhanasar states that U.S. Citizenship 1 An advanced degree is any United States academic or professional degree or a foreign equivalent degree above that of a bachelor's degree. A United States bachelor's degree or foreign equivalent degree followed by five years of progressive experience in the specialty is the equivalent of a master's degree. 8 C.F.R. § 204.5(k)(2). Although the Director did not address the Petitioner's eligibility for the requested EB-2 classification in the decision, they did determine that she "qualifies as a member of the professions holding an advanced degree" in the request for evidence (RFE). The Petitioner has a master's degree in international affairs from ! !University. p. 2 and Immigration Services (USCIS) may, as matter of discretion2 , 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 their proposed endeavor; and
- On balance, waiving the job offer requirement would benefit the United States.
In her professional plan, the Petitioner explained that her proposed endeavor would be to work in the United States as an investment associate in the field ofclean energy, where she would offer "consulting services to manage, structure, and deploy capital to derisk [sic] clean energy investments with targeted socio-economic benefits for the community." She farther stated that she intends to:
[P]rovide services focusing on pricing community solar assets, including evaluating the risks associated with portfolio acquisition through extensive financial modeling, negotiating with US-based solar developer companies who build and operate the solar sites, and identifying opportunities to secure long-term revenue streams while creating value for the community by making clean energy more affordable.
In addition, the Petitioner submitted evidence including an opinion letter from a professor at the UniversityI Ireference letters, and articles regarding clean energy and sustainability. 3 The articles discuss the importance of sustainability and the increase in companies adopting a more sustainable business model. Moreover, the opinion letter explains the various U.S. government programs that have been established to increase renewable energy and green investments in the United States. The record therefore shows that the Petitioner's proposed work as an investment associate in the field of clean energy has substantial merit.
On appeal, the Petitioner contends that the Director erred in concluding that she did not establish that her proposed endeavor is of 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 specific endeavor that the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. In Dhanasar, we farther 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.
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 professional plan states that her endeavor "to increase the use of solar power will protect and improve the environment, spur business growth, and increase tax revenue for the economy," the 2 See also Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019) (finding USCTS' decision to grant or deny a national interest waiver to be discretionary in nature).
record does not show through supporting documentation how her proposed endeavor to provide clean energy investment consulting services stands to sufficiently extend beyond its prospective clients, to impact the industry or the U.S. economy more broadly at a level commensurate with national importance.No interest from users, customers or investors In Dhanasar, we determined that the petitioner's teaching activities did not rise to the level ofhaving national importance because they would not impact his field more broadly. Id. at 893. In addition, the Petitioner stresses her "10 years of work experience in clean energy." However, the Petitioner's experience, skills, expertise, and abilities 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.
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 directly 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 clean energy investment consulting services would reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. Accordingly, the Petitioner's proposed work does not meet the first prong of the Dhanasar framework.
Because the Petitioner has not established eligibility under the first prong of the Dhanasar test, we need not address her eligibility under the remaining prongs, and we hereby reserve them. 4 The burden of proof is on the Petitioner to establish that she meets each eligibility requirement of the benefit sought by a preponderance of the evidence. Matter of Chawathe, 25 I&N Dec. at 375-376. The Petitioner has not done so here and, therefore, we conclude that she has not established eligibility for a national interest waiver as a matter of discretion.
ORDER: The appeal is dismissed.