The Petitioner, a machine learning researcher, seeks 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).
Service Center Operations (SCOPS) denied the petition, concluding that the record 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 qualify for the underlying EB-2 visa classification, a petitioner must establish they are an advanced degree professional or an individual of exceptional ability in the sciences, arts, or business. Section 203(b )(2)(A) of the Act.
If a petitioner establishes eligibility for the underlying EB-2 classification, they must then demonstrate that they merit a discretionary waiver of the job offer requirement "in the national interest." Section 203(b )(2)(B)(i) ofthe Act. Matter ofDhanasar, 26 I&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 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 1 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Third, Ninth, Eleventh, and D.C. Circuit Courts of Appeals in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary in nature).
- On balance, waiving the job offer requirement would benefit the United States.
Id.
Analysis
SCOPS determined the Petitioner qualified for EB-2 classification as an advanced degree professional because he submitted evidence he holds a Master of Science degree in operations research from IWe agree. The only issue on appeal is whether he qualifies for and merits a waiver of the job offer requirement in the national interest.
The Petitioner initially stated his proposed endeavor "is to develop scalable and efficient machine learning methodologies by employing statistics, applied probability, uncertainty quantification, and stochastic modeling in order to reduce the computational cost of existing methods, thereby addressing environmental challenges, such as carbon emissions." In response to SCOPS' request for evidence (RFE), the Petitioner explained his proposed endeavor would involve efficient personalized finetuning for large models, automated high-quality data curation and filtering, and efficient model architectures. The Petitioner stated he would pursue his proposed endeavor while earning his doctoral degree at I Iand in response to the RFE stated he had accepted a position as an Applied Scientist a~ I
A. Substantial Merit and National Importance
The first Dhanasar prong, substantial merit and national importance, focuses on the specific endeavor that the individual proposes to undertake. Id. The endeavor's merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. Id. SCOPS determined the Petitioner's proposed endeavor has substantial merit. We agree. In determining whether the proposed endeavor has national importance, we consider its potential prospective impact. Id. This consideration may include whether the proposed endeavor has significant potential to employ U.S. workers (particularly in an economically depressed area), has other substantial positive economic effects, has national or even global implications within the field, or other broader implications indicating national importance. Id. at 889-90. SCOPS determined the Petitioner did not establish the national importance ofhis proposed endeavor under these factors. On appeal, the Petitioner asserts SCOPS misapplied the evidentiary standard and failed to fairly consider his evidence. We agree.
The Petitioner submitted evidence that he has co-authored numerous articles on research related to his proposed endeavor in highly ranked journals that have been cited over 100 times by other research teams. In addition, the Petitioner submitted evidence that one of his articles ranks among the topD ~of the most cited publications in computer science and two of his articles rank among the top L__Jpercent. The Petitioner's publication and citation record demonstrates the broader impact of his work related to his proposed endeavor in his field.Proposed endeavor too vague
The Petitioner explains that his proposed endeavor involves machine learning, deep learning, and reinforcement learning which are included as sub-fields of artificial intelligence (AI) in the Critical p. 3 and Emerging Technologies (CETs) List Update of the National Science and Technology Council, which states CETs are "potentially significant to U.S. national security." The Petitioner also submitted evidence that the I I funded published research of which he is the first author. This evidence shows the Petitioner's proposed endeavor has been nationally recognized and may impact U.S. national security.
Support letters from other researchers further establish the national importance of the Petiti~ proposed endeavor. H-M-2
, Assistant Professor ofl lat theL__J
I explains how he and three other research teams in Canada, Singapore, the United Kingdom and the United States have relied upon the Petitioner's work. H-M- states the Petitioner's research has "become foundational in the development of new machine learning models" and "has enabled significant progress across various applications, including network security and healthcare."
S-G-, Senior Research Scientist at the ~---------------~explains that the Petitioner's research, "by improving computational efficiency even while expanding the scalability of machine learning models, is directly tackling [the] nationally prominent issue" of "sustainable approaches to the implementation of AI." S-G- also explains how three research teams in the United States have relied upon the Petitioner's work to improve machine learning models with implications in finance and healthcare.
Z-Z-, Associate Professor of Industrial Engineering and Operations Research at thel I I !explains how the Petitioner's "simulation model calibration framework for over-parameterized stochastic simulation models" was tested on real-world scenarios such as a trading simulation platform of I I and reduced "computational overhead while delivering reliable parameter estimates from real data, an advancement with critical implications for decisionmaking in finance, operations research, and intelligent systems." Z-Z- states the Petitioner's research "not only advances theoretical understanding but also yields practical, scalable solutions that can be applied in finance, healthcare, logistics, and robotics - all vital sectors for U.S. technological leadership and economic competitiveness."
F-L-, Vice President ofl I explains how~I-----~ applied the Petitioner's new prediction-enhanced I !framework and "successfully reduced estimation error by up to 70%." F-L- states that the Petitioner's work enabled "more accurate valuation of complex financial derivatives, facilitating better financial risk assessment and informed decision-making, thus leading to Il?ore orecise orici g and effective risk management." F-L- further explains that beyond its benefits tol~_-----~'the Petitioner's work "also advances the broader finance industry in the United States" by contributing "to overall market stability and efficiency." These letters and the Petitioner's publication, citation and funding record demonstrate the potential prospective impact of the Petitioner's proposed endeavor. The record shows the Petitioner's research has broader implications in his field that impact network security, finance and healthcare. Accordingly, the Petitioner has established the national importance of his proposed endeavor and the Director's contrary determination is withdrawn.
B. Well Positioned to Advance the Proposed Endeavor
The second Dhanasar prong shifts the focus from the proposed endeavor to the individual. To determine whether individuals are well positioned to advance their proposed endeavors, we consider factors including, but not limited to: their 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.Past record does not show influence or success Id. at 890. SCOPS determined the Petitioner is well positioned to advance his proposed endeavor. We agree.
C. Whether on Balance a Waiver is Beneficial
The third Dhanasar prong requires a 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, we may evaluate factors such as: whether, in light of the nature of the individual's qualifications or the proposed endeavor, it would be impractical either for them to secure a job offer or to obtain a labor certification; whether, even assuming that other qualified U.S. workers are available, the United States would still benefit from their contributions; and whether the national interest in their contributions is sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) considered must, taken together, establish that on balance, it would be beneficial to the United States to waive the requirements ofa job offer and thus ofa labor certification. Id. at 890-91.
SCOPS determined the Petitioner did not meet the third Dhanasar prong under these factors. On appeal, the Petitioner asserts he meets this prong because he meets the first and second prongs and because he "offers contributions of such value that, on balance, it would be beneficial to the United States to waive the requirement of a job offer and thus of a labor certification."
The Petitioner's education and proposed endeavor in a science, technology, engineering, and math (STEM) field merit special consideration under United States Citizenship and Immigration Services (USCIS) Policy. USCIS recognizes the importance of progress in STEM fields and the essential role that individuals with advanced STEM degrees have in fostering such progress. 6 USCIS Policy Manual F.5(D)(2), https://www.uscis.gov/policy-manual/. Accordingly, strong positive factors to consider when assessing the third Dhanasar prong include possession of an advanced STEM degree, engagement in work furthering a critical and emerging technology, and being well positioned to advance the proposed STEM endeavor of national importance. Id. All of these factors are present in the Petitioner's case.
However, the Petitioner has not established his eligibility under the factors identified in Dhanasar. On appeal, the Petitioner does not assert or provide evidence that it would be impractical for him to either secure a job offer or to obtain a labor certification.Labor certification not shown to be impractical In addition, while the Petitioner's support letters attest to the national importance of his proposed endeavor, they do not indicate that the national interest in his work is so urgent it could not wait for him to obtain a labor certification.No interest from users, customers or investors On appeal, the Petitioner does not assert or provide evidence that the national interest in his contributions is sufficiently urgent to warrant forgoing the labor certification process.
The relevant evidence does not show that it would be impractical for the Petitioner to obtain a job offer or labor certification and does not establish that the national interest in the Petitioner's contributions is sufficiently urgent to warrant forgoing the labor certification process. Considered together, these factors do not establish 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 the Petitioner's case.Did not show the waiver outweighs labor certification
Conclusion
The Petitioner has established that he is an advanced degree professional eligible for EB-2 classification, and that he meets the first and second Dhanasar prongs. The Petitioner has not demonstrated that he meets the third Dhanasar prong and merits a waiver of the job offer requirement in the national interest.
ORDER: The appeal is dismissed.