The Petitioner seeks second preference immigrant classification as a member of the professions holding an advanced degree or as an individual of exceptional ability, as well as a national interest waiver of the job offer requirement attached to this EB-2 classification. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established eligibility for 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 of the 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.
Law
To establish eligibility for a national interest waiver, petitioners must 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. In addition, petitioners must show the merit of 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 that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, 1 grant a national interest waiver if:
- The proposed endeavor has both substantial merit and national importance,
- The individual is well-positioned to advance the proposed endeavor, and
- On balance, waiving the job offer requirement would benefit the United States.
Analysis
Regarding the national interest waiver, the first prong relates to substantial merit and national importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Petitioner intends to act in her capacity as a nurse and establish a company, In her revised business plan, submitted in response to the Director's request for evidence2 , she stated that the company, "will be a Florida-based home care enterprise focusing on providing comprehensive outpatient nursing care, home hospitalization, psychological assistance, and occupational therapy for patients of all ages." The Petitioner asserted that her company, "will play a pivotal role in enhancing the accessibility and quality of healthcare services in the U.S., especially for those in vulnerable situations."
As it relates to substantial merit, the endeavor's merit may be shown in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. Dhanasar, 26 I&N Dec. at 889. Although the Director found the proposed endeavor did not possess substantial merit, the Petitioner sufficiently demonstrated that the endeavor falls within one or more of the areas contemplated by Dhanasar.
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 specific endeavor that the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. Although the Petitioner contends that she provided evidence that discussed the importance ofvarious national and government initiatives, such as the "Impact of Home Care Services on Patient and Economic Outcomes," "Aging in Place," and the "Elder Justice Initiative," the matter here is not whether these initiatives, as well as the topics of nursing, healthcare, or similarly related subjects, are nationally important. Rather, the Petitioner must demonstrate the national importance of her specific, proposed endeavor of providing her services as a nurse through her company in the I IFlorida area. Likewise, her submission of "Probative Research" covers a wide range of topics, such as aging populations, the effects of COVID-19, and maternity care, rather than establishing the national importance of her particular professional services or business. 3Proposed endeavor too vague
In Dhanasar, we 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. The Petitioner frequently discusses fact sheets and research regarding shortages in the nursing industry and states that, through her proposed endeavor, she will "address[] these staffing challenges ... through initiatives like [her] proposed company." However, the alleged shortage of occupations or occupational skills does not render her proposed endeavor nationally important under the Dhanasar framework.Relied on a labor shortage In fact, such shortages ofqualified workers are directly addressed by the U.S. Department of Labor through the labor certification process.
Moreover, the Petitioner stresses her letters of recommendations and "endorsements from healthcare professionals and organizations that recognize the critical need for expanded nursing services and home-based care." However, the Petitioner's knowledge, skills, and abilities relate to the second prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national." Id. at 890. The issue here is whether the specific endeavor that he proposes to undertake has national importance under Dhanasar 's first prong.
The Petitioner contends that she presented an expert opinion letter froml a professor with _____________ who found her proposed endeavor to have national importance. While the letter opines on the potential benefits of the company's home healthcare services, the letter does not explain how they have broader implications for our country.No broader implications shown Here, the letter repeats the same arguments addressed above pertaining to the importance of various topics and subjects without showing the wider effect in the field of the Petitioner's particular proposed endeavor. To evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement, we look to evidence documenting the "potential prospective impact" of the work. Id. at 889. Here, the Petitioner did not demonstrate how her company would largely influence the field and rise to the level of national importance.Past record does not show influence or success 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. The record does not show through supporting documentation how her endeavor sufficiently extends beyond her prospective clients, to impact the field or the U.S. economy more broadly at a level commensurate with national importance.
Finally, while she provided a business plan for the proposed company, the Petitioner did not present any supporting evidence, corroborating the assertions and figures.Plan or projections not corroborated Moreover, the Petitioner did not demonstrate how her business plan's claimed revenue and employment projections, even if credible or plausible, have significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.Job creation or economic claims unsupported Although the business plan forecasts sales from $539K in year 1 to $1.5M in year 5, the Petitioner did not establish the significance of this data to show that the benefits to the regional or national economy would reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. Similarly, even though the business plan claims the creation of 7 positions in year 1 and 21 positions in year 5, the Petitioner did not demonstrate the relevance of these numbers and show that such future staffing levels would provide substantial economic benefits to the I IFlorida region or the U.S. economy more broadly at a level commensurate with national importance. Although the Petitioner provided research which contends that the creation of these sales figures and jobs actually represents a higher figure indirectly, the Petitioner, for instance, did not establish that such employment figures would utilize a significant population of workers in the area or would substantially impact job creation and economic growth, either regionally or nationally. For all these reasons, the record does not demonstrate that, beyond the limited benefits provided to its prospective clients and employees, the Petitioner's proposed endeavor has broader implications rising to the level of having national importance or that it would offer substantial positive economic effects. Because the documentation in the record does not establish the national importance of the proposed endeavor as required by the first prong of the Dhanasar precedent decision, the Petitioner has not p. 4 demonstrated eligibility for a national interest waiver. Further analysis ofthe Petitioner's eligibility under the second and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose. 4
Conclusion
As the Petitioner has not met the requisite first prong ofthe Dhanasar analytical framework, we conclude the Petitioner has not demonstrated eligibility for or otherwise merits a national interest waiver as a matter of discretion. The appeal will be dismissed for the above stated reasons, with each considered as an independent and alternate basis for the decision.
ORDER: The appeal is dismissed.