The Petitioner, an Oracle Technical Functional Consultant, 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 the foreign equivalent of a U.S. baccalaureate degree in software engineering and has over five years ofprogressive experience in information technology (IT). We agree. The only issue on appeal is whether he qualifies for and merits a waiver of the job offer requirement in the national interest.
In his initial letter, the Petitioner stated his proposed endeavor is "to work in the United States as an Oracle Techno Functional Consultant" providing "enhancement ofenterprise resource planning (ERP) systems with advanced Oracle technologies." In his Professional Plan, the Petitioner explained he would "be responsible for creating and optimizing SQL and PL/SQL functions, procedures, queries and reports, performing data migration and integration tasks, and conducting system testing and deployment activities." The Professional Plan states the Petitioner "will leverage Oracle applications to provide solutions for both technical and functional requirements, optimize business processes, and implement and customize Oracle HCM systems while providing strategic guidance to stakeholders." In response to SCOPS request for evidence (RFE), the Petitioner submitted a business plan to establish a software as a service (SaaS) and system integration company serving small and medium-sized businesses (SMBs) inl ITexas.
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. Matter ofDhanasar, 26 I&N Dec. at 889. 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 of his proposed endeavor under these factors.
On appeal, the Petitioner asserts SCOPS did not fully or accurately evaluate his supporting evidence. The Petitioner claims his proposed endeavor has national importance because he is establishing his company inl ITexas, a region with economic challenges. The Petitioner's business plan projects his company will employ four individuals in the first year, increasing to 15 individuals in the third year. These projections do not indicate that the Petitioner's company has significant potential to employ U.S. workers, even in an economically depressed area.Job creation or economic claims unsupported The business plan also forecasts a net p. 3 profit of $632 in the first year, increasing to $109,771 in the third year. This amount of profit does not indicate that the Petitioner's company would have substantial positive economic effects on a level indicative of national importance.
The Petitioner further asserts his company has national importance because it aligns with national priorities in economic development and digital transformation and supports federal initiatives such as Opportunity Zones and technological infrastructure enhancement and workforce development in STEM fields. The Petitioner did not submit evidence of the specific national priorities with which he claims his company would align. The Petitioner also does not explain how his company's work would extend beyond its individual clients to impact his field more broadly in a manner commensurate with national importance. See id. at 889 ( explaining "we look for broader implications"). The Petitioner also claims his proposed endeavor involves cloud computing and enterprise solutions, which are critical national infrastructure elements. However, our assessment of national importance does not focus on the importance of an industry or issues affecting an industry in general, but instead "focuses on the specific endeavor that the foreign national proposes to undertake."Proposed endeavor too vague Id.
The Petitioner's Professional Plan indicates he will provide services in Oracle database development, API integration and optimization, human resource systems analysis and implementation, payroll and absence management systems, could services and SaaS solutions, project management and strategic planning, data migration and system integration, performance optimization and scalability, and crossfunctional team leadership and collaboration. The record does not indicate that any of these services are unique, innovative or otherwise have national or global implications in the Petitioner's field. See id. (discussing improved manufacturing processes or medical advances as examples of national or even global implications within a particular field).
The Petitioner submitted letters from professionals who praise his skills and past accomplishments, but do not discuss any potential prospective impact of his proposed endeavor. Q-B-2 commends the Petitioner's "exceptional abilities in Oracle database management and application development" and his work at thel I Q-B- expresses confidence in the Petitioner's ability to "contribute significantly to industries that are increasingly reliant on complex database systems and integrated IT solutions," but does not indicate that the Petitioner's work would extend beyond his company's clients to impact his field more broadly in a manner commensurate with national importance.No broader implications shown M-N- praises the Petitioner's work atl land states the Petitioner's expertise in human resource systems "aligns with critical needs across various sectors in the U.S., including healthcare, technology, education, and business," but also does not articulate how the Petitioner's work would extend beyond his company's clients to impact his field more broadly at a level indicative of national importance.
In response to the RFE, the Petitioner submitted additional support letters. 0-0- praises the Petitioner's skills and work at~------~ and states the Petitioner will "contribute to advancing technology and benefiting organizations in the United States," but does not discuss the Petitioner's proposed endeavor. M-M- commends the Petitioner's expertise and work atl land expresses his confidence that the Petitioner will "continue making significant contributions to his field," but also does not discuss the Petitioner's proposed endeavor. While they commend the 2 We use initials to protect the privacy of the referenced individuals.
Petitioner's skills, expertise and past accomplishments, the Petitioner's support letters are insufficient to establish the national importance of his proposed endeavor. Cf id. at 892 (stating Dhanasar submitted probative expert letters describing the importance of his specific research as it related to U.S. strategic interests).
On appeal, the Petitioner submits an additional letter from D-W-, Senior Economist at the U.S. Small Business Administration. D-W- states the Petitioner's proposed endeavor "aligns strongly with national economic priorities, particularly in the fields of technology innovation, cloud computing, and digital transformation, which are critical to maintaining the United States' global competitiveness." D-W- also explains the Petitioner's company "represents a significant opportunity for job creation, economic revitalization, and the expansion of digital services in an economically disadvantaged region." D-W- does not acknowledge that the Petitioner's company plans on employing only 15 individuals and earning a net profit of just $109,771 in the third year. D-W- does not establish how the Petitioner's company would create jobs or have a substantial positive economic effect on the U.S. economy commensurate with national importance given these projections. D-W- farther asserts the Petitioner's company "will directly enhance U.S. technological capabilities, efficiency, and competitiveness" in technology sectors. D-W- does not, however, specify how the Petitioner's work would extend beyond individual SMBs to impact his field more broadly at a level indicative ofnational importance.
In sum, the record does not establish that the Petitioner's proposed endeavor has significant potential to employ U.S. workers, has other substantial positive economic effects, has national or even global implications within his field, or has other broader implications indicating national importance. Consequently, the Petitioner has not demonstrated that his proposed endeavor has national importance. B. The Remaining Dhanasar Prongs
The Petitioner has not established the national importance of his specific proposed endeavor and does not meet the first prong of the Dhanasar framework. As this issue is dis positive of the Petitioner's appeal, we decline to reach and hereby reserve determination of his eligibility under the second and third prongs of the Dhanasar framework. See INS v. 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").
Conclusion
The Petitioner has not established the national importance of his proposed endeavor and does not meet the first prong of the Dhanasar analytical framework. Consequently, the Petitioner has not demonstrated that he is eligible for and merits a waiver of the job offer requirement in the national interest.
ORDER: The appeal is dismissed.