The Petitioner seeks classification as an individual of exceptional ability in the sciences, arts or business. 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 ofthe job offer requirement that is attached to this EB-2 immigrant classification. See section 203(b)(2)(B)(i) of the Act. U.S. Citizenship and Immigration Services (USCIS) may grant this discretionary waiver ofthe 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 the record did not establish that the Petitioner qualifies for the underlying visa classification. The matter is now before usonappeal. 8C.F.R.§103.3.
The Petitionerbearstheburdenofprooftodemonstrateeligibilitybyapreponderanceoftheevidence. Matter ofChawathe, 25 I&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.
To qualify for a national interest waiver, a petitioner must first show eligibility 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) ofthe Act.
Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences,arts,orbusiness. 8C.F.R.§204.5(k)(2). Apetitionermustinitiallysubmitdocumentation that satisfies at least three of six categories of evidence. 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F). Meeting USCIS has previously confirmed the applicability ofthis two-part adjudicative approach in the context of individualos f exceptional ability. See generally 6 USCIS Policy Manual F.5(B)(2), https://www.uscis.gov/policy-manual/volume-6- part-f-chapter-5. at least three criteria, however, does not, in and of itself, establish eligibility for this classification. a petitioner satisfies the initial criteria, we will then conduct a final merits determination to decide whether the evidence in its totality shows that they are recognized as having a degree of expertise significantly above that ordinarily encountered in the field.
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Once a petitioner demonstrates EB-2 eligibility, they mustthen establish thatthey merit a discretionary waiver of the job offer requirement "in the national interest." Section 203(b)(2)(B)(i) of the Act.
As described,thePetitioner"seeksemploymentinthefieldofthetruckingindustry,eventuallyowning and operating his own trucking company, which will be engaged in interstate transportation and will Initially, the Petitioner did not indicate whether he qualified for the underlying classification as a memberoftheprofessionswithanadvanceddegreeorasanindividualofexceptionalability. After the Director issued a notice of intent to deny (NOID), the Petitioner limited his response to that of an individual of exceptional ability. On appeal, we will address whether he has established he is an An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution o f learning relatingtotheareaofexceptionalability. 8C.F.R.§204.5(k)(3)(ii)(A).
The Petitioner provided a transcript and diploma in "maintenance and repair of office and computer equipment" and a ce1iificate in "computer skills." Although the Director determined that the Petitioner satisfied this criterion, the plain language of the criterion requires the education to be related to the area ofexceptionalability. WhileweacknowledgethePetitioner'sgeneralstatementthathe"studiedvarious business-related disciplines ... and attained sufficient knowledge to establish and operate a business," the provided transcript does not support this claim. As a result, he has not established how his diploma and/or ce1iificate relate to his stated area ofexceptional ability as the owner and operator of a trucking company. Therefore,wecannotconcludethathemeetsthiscriterionandmustwithdrawtheDirector's determination.
A license to practice the profession or certification for a particuZar profession or occupation. 8 C.F.R. § 204.5(k)(3)(ii)(C). A petitionermustmeetalleligibilityrequirementsatthetime offilingthepetition,whichinthis matter was October 28, 2019. 8 C.F.R. § 103.2(b)(l ). As the Petitioner's Pennsylvania commercial driver's license indicates that it was issued on April 21, 2021, we cannot consider it here.
Evidence of membership in professional associations. 8 C.F.R. § 204.5(k)(3Xii)(E).
The Petitioner relies on his membership in the Information System Security Association (ISSA) to establishthathemeetsthiscriterion. ThePetitionerhasnot,however,shownthatISSAqualifiesasa professional association. Profession is defined as one of the occupations listed in section 101(a)(32) When an appellant does notofferargument on an issue, that issue is abandoned. Sepulveda v. US.Atty Gen.,40 I F3d 1226, 1228 n.2 (11th Cir. 2005), citing United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998). See also Hristovv. Roark, No. 09-CV-27312011, 2011WL4711885 at* 1, *9 (E.D.N.Y. Sept. 30, 2011) (holdingthattheplaintiff abandoned his claims ashe failed to raise them on appeal to the AdministmtiveAppeals Office). benefit interstate commerce." individual of exceptional ability based upon the four criteria claimed.
The Petitioneropened a trucking company in 2021. p. 3 of the Act, as well as any occupation for which a United States baccalaureate degree or its foreign equivalent is the minimum requirement for entry into the occupation.
8 C.F.R. § 204.5(k)(3).
Without evidence which establishes that the ISSA requires a U.S. bachelor's degree or its foreign equivalent as the minimum education required for membership, we cannot conclude that the ISSA is a professional association.
Evidence that the alien has commanded a salary, or other remunerationfor services, which demonstrates exceptional ability. 8 C.F.R. § 204.5(k)(3)(ii)(D).
The record contains information regarding the Petitioner's earnings, including several tax documents. However, the plain language of the criterion requires that it also demonstrates exceptional ability. Without more, the Petitioner has not met this criterion.
For the above reasons, the evidence does not establish that the Petitioner satisfies at least three of the criteria at 8 C.F.R. § 204.5(k)(3)(ii). Because he has not demonstrated that he qualifies for the underlying EB-2 classification as an individual of exceptional ability, we decline to reach and hereby reserveremainingargumentsconcerninghisnationalinterestwaiverclaim. SeeINSv.Bagamasbad, 429 U.S. 24, 25 (1976) (stating that "courts and agencies are not required to make findings on issues the decision of 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).
ORDER: The appeal is dismissed.
Profession shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academics, or seminaries. Section 101(a)(32) ofthe Act.