The Petitioner, an education administrator and entrepreneur, 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. § 1153(b)(2).
The Director of the Texas Service Center 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. 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.
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. Section 203(b )(2)(B)(i) of the Act. "Advanced degree" means any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate. 8 C.F.R. § 204.5(k)(2). A U.S. baccalaureate degree or a foreign equivalent degree followed by five years ofprogressive experience in the specialty shall be considered the equivalent of a master's degree. Id.
Once a petitioner demonstrates eligibility for the underlying EB-2 classification, 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 of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016), provides the framework for adjudicating national interest waiver petitions. Dhanasar states that U.S. Citizenship p. 2 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.
Analysis
The Petitioner submitted certified English translations ofhis academic transcripts and degree from the ' along with an educational evaluation that states that the ~---------------~ Petitioner's "Bacharelado" in "Comunicac;ao Social" is equivalent to a U.S. bachelor's degree in social communication. In addition, the Petitioner provided employment letters showing that he has at least five years of progressive post-baccalaureate experience in the specialty. He therefore qualifies for the underlying EB-2 classification as an advanced degree professional. Thus, the remaining issue is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. While we do not discuss each piece of evidence, we have reviewed and considered each one.
The Petitioner proposes to continue to develop his company in Florida which specializes "in supporting U.S. Private and Public Schools, U.S. Businesses, and individuals by providing specialized essential educational programs, including emotional intelligence programs, in the U.S. market." The first prong of the Dhanasar analytical framework, substantial merit and national importance, focuses on the specific endeavor that the individual proposes to undertake. Dhanasar, 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. For example, endeavors related to research, pure science, and the furtherance of human knowledge may qualify. Id. In her decision, the Director determined that the Petitioner's proposed endeavor is of substantial merit, and we agree. Turning to the national importance of his endeavor, the Director concluded that the Petitioner did not establish that his proposed endeavor has national importance.
On appeal, the Petitioner contends that the Director did not give due regard to his statement; business plan; letters of recommendation; and industry reports and articles. In addition, the Petitioner relies, in part, on his over 22 years of experience in the field of business and educational administration to establish the national importance of his proposed endeavor. However, the Petitioner's expertise and record of success in previous positions are considerations under Dhanasar' s second prong, which "shifts the focus from the proposed endeavor to the foreign national." Id. at 890. The issue here is whether the Petitioner has demonstrated, by a preponderance of the evidence, the national importance of his proposed work.
We reviewed the Petitioner's letters of recommendation from his professional acquaintances. The authors of the letters praise the Petitioner's abilities in the business and educational administration sector, and the personal attributes that make him an asset to the workplace. While the recommendation letters evidence the high regard the Petitioner's professional acquaintances have for the Petitioner and his work, they do not offer persuasive detail concerning the impact of the Petitioner's proposed endeavor or how such impact would extend beyond his prospective students and/or clients. As such, the letters are not probative of the Petitioner's eligibility under the first prong ofDhanasar. The Petitioner also emphasizes the importance of the academic management sector and submitted industry reports and articles discussing immigrant entrepreneurship and the benefits of international investment. However, 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. We further 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.
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. Likewise, the Petitioner has not established how his company in the educational services sector stands to sufficiently extend beyond his students and/or clients to impact the field more broadly at a level commensurate with national importance.
In addition, we reviewed the Petitioner's business plan, including its revenue and employment projections. The Petitioner did not sufficiently describe the origin or basis for these projections and, even if he had, they would not establish the national importance of the proposed endeavor. 2 As we explained in Dhanasar, "[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."Job creation or economic claims unsupported Id. at 890. Here, 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. Without sufficient information or evidence regarding any projected U.S. economic impact or job creation directly 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 proposed endeavor would reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id.
Because the Petitioner has not established eligibility under the first prong of the Dhanasar test, we need not address his eligibility under the remaining prongs, and we hereby reserve them. 3 The burden ofproof is on the Petitioner to establish that he meets each eligibility requirement ofthe benefit sought by a preponderance of the evidence. Matter of Chawathe, 25 I&N Dec. at 375-376. The Petitioner has not done so here and, therefore, we conclude that he has not established eligibility for a national interest waiver as a matter of discretion.
ORDER: The appeal is dismissed.