The Petitioner 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 ofthe 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, he 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 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.
The first prong of the Dhanasar framework, substantial merit and national importance, focuses on the specific endeavor that the individual 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. Dhanasar, 26 I&N Dec. at 889.
According to the Petitioner, he intends to provide financial consulting and advisory services to aviation companies and small and medium sized enterprises "to improve their operational and financial performance, create and maintain metrics to support decision-making, and system analysis, to assess specific issues, as well as action plans and process mapping." The Petitioner further stated that his company will provide accounting, assurance, audits, bookkeeping, business planning, control systems, financial advisory, and tax consulting services. Upon review of the record, we conclude that the Petitioner has established the substantial merit portion of the first Dhanasar prong. However, the record does not establish the national importance of his proposed endeavor as required.
On appeal, the Petitioner asserts that he provided sufficient evidence to show the national importance ofhis proposed endeavor, specifically a business plan, personal statements, letters ofrecommendation, and industry reports and articles. Through articles and reports, the Petitioner emphasized the importance of accounting in the finance industry, and the shortage of accounting professionals with his background in the United States. 3 We agree that the fields ofaccounting and finance are important, and that success in the fields may lead to greater career opportunities and economic advantages. However, 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. In Dhanasar, we noted that "we look for broader implications" ofthe 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. While the Petitioner proposes to work in an important industry or field, this is not necessarily sufficient to establish the national importance of the specific proposed endeavor. Further, the articles and reports do not discuss any particulars of the Petitioner's proposed endeavor or its prospective impact rising to the level of national importance.
In Dhanasar, we determined 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. Likewise, the Petitioner has not established how his independent financial consulting and advisory firm stands to sufficiently extend beyond his clients to impact the fields of accounting and finance more broadly at a level commensurate with national importance.No broader implications shown
We reviewed the Petitioner's business plan, including its revenue and employment projections. The Petitioner did not sufficiently describe the origin or basis for these projections and, even if he had, they would not establish the national importance of the proposed endeavor.4 As we explained in Dhanasar, "[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."Job creation or economic claims unsupported Id. at 890. Here, the Petitioner has not demonstrated that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation. Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to his future work, the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's proposed endeavor would reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id.
We also reviewed the Petitioner's statements and letters of recommendation from his professional acquaintances. The authors praise the Petitioner's abilities in the accounting and finance fields, and the personal attributes that make him an asset to the workplace. While the letters evidence the high regard the Petitioner's professional acquaintances have for him and his work, none ofthe letters offers persuasive detail concerning the impact of his proposed endeavor or how such impact would extend beyond his business' clientele. Furthermore, his personal statements emphasize his credentials and extensive work history. However, the Petitioner's knowledge, skills, education, and experience are considerations under Dhanasar's second prong, which "shifts the focus from the proposed endeavor to the foreign national." Id. at 890. The issue under the first prong is whether the Petitioner has demonstrated the national importance of his proposed work and he has not.
Because the Petitioner has not established eligibility under the first prong of the Dhanasar test, we need not address his eligibility under the remaining prongs, and we hereby reserve them. 5 The burden ofproof is on the Petitioner to establish that he meets each eligibility requirement ofthe 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 he has not established eligibility for a national interest waiver as a matter of discretion.
ORDER: The appeal is dismissed.