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. § 1 l 53(b )(2).
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that she qualifies for the requested benefit. The matter is now before us on appeal. 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 Christa's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, we will dismiss the appeal.
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. 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 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
- On balance, waiving the job offer requirement would benefit the United States.
As explained by the Director, profession is defined as one of the occupations listed in section 10l(a)(32) 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. 2 8 C.F.R. § 204.5(k)(3). The Director then determined that the position of medical assistant does not meet the definition of profession per section 10l(a)(32) of the Act and 8 C.F.R. § 204.5(k)(2).
On appeal, the Petitioner's brief is limited to her eligibility for a national interest waiver under Dhanasar. 3 As she does not address the issue of profession, we deem this ground to be waived.4 Therefore, we cannot conclude that she has overcome the Director's conclusion on this issue and the appeal must be dismissed on this basis alone.
As this issue is dispositive, we need not reach the Petitioner's appellate arguments regarding her qualification for a national interest waiver. Nonetheless, we have reviewed the record and evidence submitted on appeal and agree with the Director's conclusion that the Petitioner has not established that the broader implications of her proposed endeavor as a medical assistant would sufficiently rise to the level of national importance contemplated under Dhanasar.Proposed endeavor too vague We recognize that the Petitioner has provided evidence establishing the importance of the medical field, and the work of medical assistants in general, yet in Dhanasar we said that, in determining national importance, the relevant question is not the importance of the field, industry, or profession in which a petitioner may work;Argued the field's importance, not the endeavor's