The Petitioner, a business manager, seeks classification as a member of the professions holding an advanced degree. See 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. See section 203(b )(2)(B)(i) of the Act, 8 U.S.C. § 1153(b )(2)(B)(i). 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 for classification as a member of the professions holding an advanced degree, she 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 ofthe 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 l&N Dec. 537, 537 n.2 (AAO 2015). 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. 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. 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 Dhanasar, 26 l&N Dec. 884 (AAO 2016). Dhanasar states that U.S. Citizenship and Immigration p. 2 Services (USCIS) may, as matter of discretion, 1 grant a national interest waiver of the job offer, and thus the labor certification, to a petitioner classified in the EB-2 category ifthe petitioner demonstrates that (1) the noncitizen's proposed endeavor has both substantial merit and national importance; (2) the noncitizen 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 ofa job offer and thus ofa labor certification. The first prong, substantial merit and national importance, focuses on the specific endeavor that the noncitizen 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. The second prong shifts the focus from the proposed endeavor to the noncitizen. To determine whether the noncitizen 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, progress towards achieving the proposed endeavor, and the interest of potential customers, users, investors, or other relevant entities or individuals are also key considerations.
The third prong requires the petitioner to demonstrate that, on balance of applicable factors, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. USCIS may evaluate factors such as whether, in light of the nature of the noncitizen' s qualification or the proposed endeavor, it would be impractical either for the noncitizen to secure a job offer or for the petitioner to obtain a labor certification; whether, in light of the nature of the noncitizen's qualification or the proposed endeavor, it would be impractical either for the noncitizen 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 noncitizen's contributions; and whether the national interest in the noncitizen's contributions is sufficiently urgent to warrant forgoing the labor certification process. Each ofthe factors considered must, taken together, indicate 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.
Analysis
The Petitioner proposes to work in the United States as a business manager. The Director found that the Petitioner qualifies as a member of the professions holding 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 conclude that the Petitioner has not sufficiently demonstrated the national importance of her proposed endeavor under the first prong of the Dhanasar analytical framework.
In denying the petition, the Director concluded that although Petitioner's proposed endeavor has substantial merit, the Petitioner did not establish her endeavor's national importance. The Director also determined that the Petitioner did not establish her proposed endeavor has broader implications, 1 See also Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019) (finding USCIS' decision to grant or deny a national interest waiver to be discretionary in nature). p. 3 has significant potential to employ U.S. workers, and that it would broadly enhance societal welfare or cultural or artistic enrichment.No broader implications shown Furthermore, the Director found that the Petitioner did not provide sufficient evidence to confirm whether her proposed endeavor will have substantial positive economic effects, particularly in an economically depressed area as contemplated by Dhanasar.Job creation or economic claims unsupported Id. at 890. On appeal, the Petitioner contends that the Director's decision contains "erroneous conclusions ofboth law and fact." The Petitioner further argues that the Director erred in concluding that she did not provide sufficient evidence to demonstrate her proposed endeavor's national importance. She maintains that her submitted evidence overwhelmingly proves her endeavor's national importance. We reviewed the entirety of the record and have considered the Petitioner's eligibility for the national waiver. The Petitioner asserts that she aims to provide "specialized services in administration, financial development, and human resources to impact the field of business through innovation in the U.S." The Petitioner emphasizes her education and extensive experience as a business manager and claims that she will leverage her business manager experience to help small and medium-sized businesses in the United States to enhance operations, achieve higher productivity and profitability, generate revenue, and create employment opportunities. The Petitioner submits a resume, professional plan, and recommendation letters to underscore her education and experience in finance and business management. In addition, the record includes a letter of intent from a Massachusetts-based company expressing interest in working with the Petitioner because of her business administration experience. In determining whether the proposed endeavor has national importance, we consider its potential prospective impact. 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. Here, though we acknowledge the Petitioner's evidence and assertions, we conclude that the Petitioner has not shown her proposed endeavor stands to sufficiently extend beyond her employers to enhance societal welfare on a broader scale indicative of national importance.
While the Petitioner claims that she will boost the country's economic growth by enhancing job creation, industry competitiveness, supply chain support, technology adoption, entrepreneurship, and corporate social responsibility, the Petitioner has not offered sufficient information 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 his field more broadly. Id. at 893. Here, the record does not establish that the Petitioner's proposed endeavor's impact will be nationally important.
The first prong focuses on the proposed endeavor itself, not the petitioner. Id. The Petitioner must establish that her specific endeavor has national importance under Dhanasar 's first prong. The Petitioner has not shown that the specific endeavor she proposes to undertake has significant potential p. 4 to employ U.S. workers or otherwise offers substantial positive economic effects for the United States. While the Petitioner contends that her proposed endeavor will create employment opportunities for U.S. workers and positively impact the economy by offering tailored financial services and market insights to U.S. companies while maintaining relationships with the Brazilian market, she has not presented evidence indicating that the benefits to the regional or national economy resulting from her undertaking would reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. The Petitioner argues that her proposed endeavor will help U.S. companies grow and expand and insists that this will lead to increased demand for skilled professionals and job creation in various sectors. She posits that her proposed endeavor will enhance the welfare of the society by building on her endeavor's effort to improve small and medium-sized enterprises' access to finance. While her endeavor may directly impact her employers and prospective clients, the evidence does not suggest how these benefits would reach the finance industry overall or have an impact so broad as to affect the economy or create a significant number ofjobs.
The Petitioner claims that her proposed endeavor "holds significant national importance and is closely aligned with" national and government initiatives. As previously mentioned, 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. Here, the Petitioner has not sufficiently explained how helping the individual companies and clients that would hire her would result in an impact on a broad scale rising to the level of national importance. It is insufficient to claim an endeavor has national importance or will create a broad impact without providing evidence to corroborate such claims. The Petitioner must support her assertions with relevant, probative, and credible evidence. See Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010).
The Petitioner declares the finance field is currently facing a shortage and that she will leverage her experience and skills to make a substantial impact on the industry and help bridge the skills gap. It is important to note that the shortage of business managers and business professionals does not render the Petitioner's proposed endeavor nationally important under the Dhanasar framework.Relied on a labor shortage In fact, such shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process. The Petitioner further notes that her extensive experience and expertise in the banking and financial sector make her invaluable to the country. Although an individual's experience, qualifications, contributions, and achievements are material, they are misplaced in the context of the first Dhanasar prong. The Petitioner's claimed extensive experiences are material to Dhanasar 's second prong-whether an individual is well positioned to advance a proposed endeavor-but they are immaterial to the first Dhanasar prong-whether a specific, prospective, proposed endeavor has both substantial merit and national importance. See id. at 888-91.
For the aforementioned reasons, the Petitioner's proposed work 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 demonstrated eligibility for a national interest waiver. Since this issue is dispositive of the Petitioner's appeal, we decline to reach and hereby reserve the appellate arguments regarding her eligibility under the second and third prongs outlined in Dhanasar. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) ("courts and agencies are not required to make findings on issues the decision of p. 5 which is unnecessary to the results they reach"); see also Matter ofL-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
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.
ORDER: The appeal is dismissed.