The Petitioner seeks second preference 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 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 that the Petitioner had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest. On appeal, the Petitioner submits a brief asserting that he is eligible for a national interest waiver. In these proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will dismiss the appeal.
Law
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. Because this classification requires that the individual's services be sought by a U.S. employer, a separate showing is required to establish that a waiver of the job offer requirement is in the national interest.
Section 203(b) ofthe Act sets out this sequential framework:
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -(A) In general. - Visas shall be made available ... to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the p. 2 sciences, arts, professions, or business are sought by an employer in the United States. (B) Waiver ofjob offer-
(i) National interest waiver. . . . [T]he Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
While neither the statute nor the pertinent regulations define the term "national interest," we set forth a framework for adjudicating national interest waiver petitions in the precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion , grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national's proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
The first prong, substantial merit and national importance, focuses on the specific endeavor that the foreignnationalproposestoundertake. Theendeavor'smeritmaybedemonstratedinarangeofareas 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.
The second prong shifts the focus from the proposed endeavor to the foreign national. To determine whether he or she is well positioned to advance the proposed endeavor, we consider factors including, but not limited to: the individual's education, skills, knowledge, and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals.
The third prong requires the petitioner to demonstrate that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. In performing this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the foreign national's qualifications or the proposed endeavor, it would be impractical either for the foreign national to secure a job offer or for the petitioner to obtain a labor certification; whether, even assuming that other qualified U.S. workers are available, the United States would still benefit from the foreign national's contributions; and whether the national interest in the foreign national's contributions is sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) See also Poursina v. USC1S. No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS' decision to grant or deny a national interest waiver to be discretionary in nature).
Dhanasar states that after a petitioner has established In announcing this new framework. we vacated our prior precedent decision, Matter ofNew York State Department of Transportation. 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). p. 3 considered must, taken together, indicate that on balance, it would be beneficial to the United States The record indicates that the Petitioner qualifies as a member of the professions holding an advanced degree. the requirement of a job offer, and thus a labor certification, would be in the national interest. The Petitioner describes his proposed endeavor as follows:
I intend to continue my career in the legal and business industries, working as a [l]egal [a]nalyst, and helping U.S. and foreign companies, as well as U.S. citizens and foreign individuals, deal with complex cross-border transactions, as well as foreign direct investments (FDI), through the provision of services in international law, corporate law, tax planning, and strategic business and legal planning in new ventures.
The fust stage of my proposed endeavor is to continue acting as an in-house counsel for multi-national companies, just like I am presently doing for [A-]. .. The second stage of my proposed endeavor is to launch my own consulting firm in the United States, where I will advise American and foreign entities on their inbound (U.S.-based) and outbound (international) business endeavors. To do this, I will also employ a team of consultants, particularly those with experience in tax law, corporate law, and For the reasons discussed below, we agree with the Director that the Petitioner has not sufficiently demonstrated the national importance of his proposed endeavor under the fust prong of the Dhanasar To evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement to waive the requirements of a job offer and thus of a labor certification.
Analysis
The remaining issue to be determined is whether the Petitioner has established that a waiver of international business. analytical framework. we look to evidence documenting the "potential prospective impact" of his work.
Petitioner's statements reflect his intention to provide valuable legal analysis and business consulting services for his employers and clients, he has not offered sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance. For example, on appeal the Petitioner asserts that he will "enhance the country's national interests by elevating standards and policies to improve major national concerns, such as the United See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs.
States' financial crisis and the limited access to experienced legal professionals in the country." But he has not sufficiently articulated or documented how his legal analyst and business management activities would broadly impact his field. In Dhanasar we determined that the petitioner's teaching activities did not rise to the level of having national importance because they would not impact his field more broadly. See Dhanasar, 26 I&N Dec. at 893. Here, the Petitioner does not show that his proposed endeavor stands to sufficiently extend beyond his employer and clientele to impact his field The Petitioner provides reference letters, including one from R-S-, who is vice president of finance for A- his current employer, who explained:No broader implications shown
[The Petitioner] has always been a key trusted member of the senior leadership team of the region, based on his high-level of experience, and he is consulted and involved in strategic decision-making processes, as well as managing and supporting the most important and confidential matters relating to human relations, legal entity risk management, fraud investigation, and tax law interpretation and application, among others .
R-S- and other colleagues who provide reference letters favorably comment on the Petitioner's contributions to projects and initiatives in which they were mutually involved and emphasize his or the nation more broadly at a level commensurate with national importance.
"widely lauded ability to gain an understanding ofthe local cultural and legal options..." B-, former p. 5 prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national." Dhanasar, 26 I&N Dec. at 890. The issue here is whether the specific endeavor that he proposes to undertake has national importance under Dhanasar' s first prong.
Furthermore, while the Petitioner asserts there is a "concerning lack ofqualified legal professionals to materially assist with cross-border transactions and foreign direct investments" in the United States, 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.Job creation or economic claims unsupported He contends that his undertaking "is capable of producing substantially positive effects and maintaining the U.S. as a leading nation, due to the ripple effects o f his professional activities." He also asserts that his work "within the high-growth industry oflaw and trade [will result] in the overall financial health of Americans through increased revenue, employment of workers, contribution to the country's GDP, and an optimal environment." 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 projects would reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id at 890. Accordingly, the Petitioner's proposed work does not meet the first prong of the Dhanasar framework.
Because the documentation in the record does not establish the national importance of his proposed endeavor as required by the first prong of the Dhanasar precedent decision, the Petitioner has not demonstrated eligibility for a national interest waiver. Further analysis of his eligibility under the second and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose.
Conclusion
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we find that he has not established he is eligible for or otherwise merits a national interest waiver as a matter of discretion.
ORDER: The appeal is dismissed