The Petitioner, a professional in the international educational development field, seeks employmentbased 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).
Service Center Operations (SCOPS) denied the petition, concluding that although the Petitioner qualifies for classification as a member of the professions holding an advanced degree, she 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 ofproof to demonstrate eligibility by a preponderance ofthe 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 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. An advanced degree is any U.S. academic or professional degree or a foreign equivalent degree above that of a bachelor's degree. 8 C.F.R. § 204.5(k)(2).
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) of the 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
- On balance, waiving the job offer requirement would benefit the United States.
Id.
Analysis
SCOPS determined that the Petitioner qualifies for EB-2 classification as a member of the professions holding an advanced degree. 2 The remaining issue to be determined is whether the Petitioner established that a waiver of the job offer requirement, and thus a labor certification, would be in the national interest.
With respect to her proposed endeavor, the Petitioner indicates that she plans to continue her employment as director of advancement and communications wit~ Iwhere she has worked since 2021. 3 The record indicates that I Iis a non-profit organization whose programs include provision of scholarship fonding and other support tol Ia bilingual private school with I Iand coordination of a visiting educator program that provides opportunities for U.S. college students to obtain international student teaching experience with its partner school.
The Petitioner states that, through her endeavor atl Ishe will "work to advance the impact of international education programs to train future American teachers on international and crosscultural skills." She indicates her specific duties will include: overseeing the entire mission o±1 I I Ito promote international education; liaising with U.S. universities to promote international educational experiences for student teachers; coordinating with thel Iin Costa Rica on curriculum development for U.S. student teachers; identifying partnership opportunities; overseeing and reporting on project progress and completion; and other administrative and management activities such as developing fonding raising plans, nonprofit compliance, and financial oversight.
In evaluating the Petitioner's eligibility for the requested national interest waiver, SCOPS determined that her proposed endeavor has substantial merit and that she is well-positioned to advance it but concluded that she did not demonstrate the national importance of the proposed endeavor or that, on balance, it would benefit the United States to waive the job offer requirement.Did not show the waiver outweighs labor certification
On appeal, the Petitioner contends that SCOPS failed to weigh the credibility and probative value of expert opinion letters submitted in response to a request for evidence (RFE). She maintains that the letters, when considered with other documentation in the record, establish by a preponderance of the 2 The Petitioner has a Master of Arts in International Education Development from ~-----~
evidence that she meets the first and third prongs set forth in Matter of Dhanasar and otherwise warrants a discretionary waiver of the job offer requirement.
For the reasons provided below, we conclude that the Petitioner has not established the national importance of her proposed endeavor and therefore has not met the first prong ofDhanasar's national interest waiver framework.
A. Substantial Merit and National Importance
The first 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. To demonstrate the substantial merit of her proposed endeavor, the Petitioner provided government and industry publications that emphasize the educational and cultural value of international exchange opportunities for both students and teachers. The Petitioner emphasized that international education development "advances learning and scholarship, builds understanding and respect among different peoples, and helps develop the skills and understanding needed to address complex political, economic, social and cultural differences." We agree with SCOPS' conclusion that the proposed endeavor's focus on international education development and cross-cultural learning has substantial merit.
In determining national importance, the relevant question is not the importance of the industry, field or profession in which the individual will work; instead, we focus on the "the specific endeavor that [the petitioner] proposes to undertake" and its potential prospective impact. Dhanasar, 26 I&N Dec. at 889. Therefore, while we recognize the educational and cultural benefits of programs intended to facilitate international learning opportunities for teachers, the Petitioner's intent to work in the field of international education development alone is not sufficient to establish the national importance of her proposed endeavor. Id. at 889.
In Dhanasar, we observed 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. Finally, as noted by SCOPS, we will consider other potential prospective impacts, such as whether the proposed endeavor may broadly enhance societal welfare or cultural enrichment. Here, the Petitioner states that her proposed endeavor "undoubtedly impacts the field of international education on a broad level." More specifically, she indicates that her endeavor "will increase the number of future American teachers who participate in international education so that they can enhance the quality and relevancy of education." She further maintained that "the impact of training many teachers is national, and these teachers will work across the U.S."
To support her claims regarding the broader implications of her proposed endeavor, the Petitioner provided letters from individuals with first-hand knowledge ofl Ivisiting educator p. 4 program Dr.I Ia professor ofcurriculum and instruction at the~ I • rnotes that as part of a collaboration betweerlLJ randl "many"I !students have participated in this six-week summer program.Proposed endeavor too vague She explains that participating students have gained "invaluable practical experience that directly informs their teaching upon returning to the United States," and that they were exposed to "project-based learning pedagogies and ambitious instructional practices which are essential for promoting national excellence in American schools." Dr. I !observes that such experiences are not only enriching for the individual educators but "contribute to a broader effort to prepare teachers who are better equipped to serve students across the United States" and who have the skills "to remain in the profession" at a time when the country is facing teacher shortages. In her letter, Dr. I Icoordinator of international student teaching at.__ ________.
D states that "the need to prepare globally competent teachers has never been greater" and discusses specific benefits ofinternational student teaching opportunities, including the ability to teach increasingly diverse student populations, increased cultural sensitivity, improved pedagogical skills, and the ability to "meet the complex national needs of a diverse educational system." She notes that I !students who have participated in thel ~rogram as student teachers are pushed "outside oftheir comfort zone and provided many opportunities for personal and professional growth." Dr. I Iemphasizes that the Petitioner's work with I I"is very much in the U.S.
that one of her responsibilities as director of advancement is to liaise with U.S. universities to promote international educational experiences for student teachers, but she has not addressed or documented any specific plans for expansion ofthe program to include a greater number ofparticipants. The record does not adequately support her statement that the number ofU.S. college students participating would have a demonstrable effect on the number of internationally trained teachers working within the U.S. educational system or otherwise support her claim that the program has the potential to raise the overall "quality and relevance" of education in the United States. The submitted evidence does not indicate, for example, the total number of participants the visiting educator program can accommodate annually. However, that number would reasonably be limited by the fact that all student teachers are placed at '-----------~during the summer months. It is unclear to what extent the program could grow to include a greater number of participants from U.S. universities.
We acknowledge the Petitioner's claim that the impact of her endeavor would nevertheless be "national" because teachers may accept jobs anywhere in the United States. However, in evaluating national importance, we focus on the nature of the proposed endeavor, rather than only on its geographic breadth. Here, the record shows that participation in I !visiting educator program positively impacts the professional development of program participants who enter employment in the U.S. educational system. But the Petitioner has not demonstrated how the placement of a limited number of internationally trained teachers in U.S. classrooms would have broader implications for the field, a region, or the public at large.
In Matter ofDhanasar, we also noted that an endeavor "may have national importance because it has national or even global implications within a given field, such as certain improved manufacturing processes or medical advances." See 26 I&N Dec. at 889-90. Accordin 1 , we have considered claims that the mission and programs advanced by the Petitioner through could be more broadly adopted or replicated in the field. The record contains a letter from.__ _____, executive director of one ofl I major donors, who notes that part of his foundation's $1 million grant to the organization "has been used to fund the creation of a curriculum that focuses on the intersection between academic rigor and human skills, with lans to assist schools in the US and abroad."5 The Petitioner also provided a letter from.,..._______,.--~ also an executive director for a philanthropic foundation that has worked with'------~ She states that the Petitioner is "doing research on L------r--,-___ __JJ educational model through the codification of its curriculum," and notes that the.__ _ __.organization has "plans to scale its teaching model to schools in the US" and to provide "national institutions" with "resources and tools that focus on skills that allow students to connect across lines of different beliefs and ideologies."
These statements suggest thatl lmay have longer-term plans to adapt the core curriculum used at I Iso that it can be implemented at other schools in the future, including schools in the United States. The Petitioner's own description of her proposed endeavor, however, makes no reference to these plans or her role in curricular development. There is insufficient supporting evidence to demonstrate that I I is preparing to disseminate the I __, educational model, and to promote its broad adoption in U.S. schools and with 5 The record contains I IOctober 2023 Grant Progress Report issued to the donor foundation. The report indicates that I hs working towards the "codification" of the.__________ ~core cuniculum
"national institutions" in the United States. We also acknowledge Dr.I I statement thatl linternational student teaching program "can serve as a powerful model for helping to prepare teachers able to address the learning needs of all their students." However, there is likewise insufficient evidence to show that the visiting educator program implemented byl lis or will be promoted as a model for advancing teacher training practices in the United States, such that it could be deemed to have national implications in the field.
The record amply documents the Petitioner's commitment to improving education and broadening cultural awareness through provision ofinternational training opportunities for future teachers through I I We also acknowledge evidence that international education development has been the subject of national initiatives advanced by government agencies and professional organizations. The Petitioner must still demonstrate the potential prospective impact of her proposed endeavor and how it impacts those national initiatives. Here, for all the foregoing reasons, we conclude that the record does not demonstrate that her specific proposed endeavor will have the claimed broader implications for the international education development field.No broader implications shown As noted by SCOPS, the record does not show that the impacts of her endeavor will extend sufficiently beyond her organization, its partners, and the participating teachers and students.
For similar reasons, the record does not support a determination that the proposed endeavor has the potential to broadly enhance societal welfare or cultural enrichment. Several of the submitted reference letters offer opinions on the potential cultural or societal impacts of the Petitioner's work. For example, a letter from~-------~ executive director of I I states that "because the development of educ .... _a-t1-. o-n-a-nd_d_i_v-er-s-it-y-is-v-er-y~ important to world peace and prosperity, her work has ... national importance for the United States." A letter from the founder of the I I states that the Petitioner's work "addresses critical social issues and fosters a more inclusive and compassionate society, aligning with the national interest." The evidence shows that the work the Petitioner proposes to continue through her proposed endeavor addresses social and cultural matters impacting the education field. However, based on the documented nature and scope of the Petitioner's proposed endeavor, she has not demonstrated that the endeavor will be carried out on a scale that has the potential to broadly enhance societal welfare or provide cultural enrichment at a level that rises to national importance. In Matter ofDhanasar, we also concluded 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." 26 I&N Dec. at 890. The Petitioner stated that alumni of the I !visiting educator program are "highly employed U.S. workers contributing to the growth of the U.S. economy" and cited several sources in support of her claim that "international education development boosts the U.S. economy." Dr.I !similarly stated in her letter that the Petitioner's work is "vital to producing highly productive teachers and students that can help the United States maximize its economic growth." However, general information regarding the economic impacts of the Petitioner's field or industry is insufficient.Job creation or economic claims unsupported The record does not contain information or evidence regarding any projected economic impacts or job creation attributable to the Petitioner's specific proposed endeavor. It is the Petitioner's burden to show that any claimed economic effects of the proposed endeavor will be "substantial" and at a level commensurate with national importance. The record does not contain sufficient relevant or probative p. 7 evidence showing that the direct or indirect economic benefits of her proposed endeavor would reach the level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. Finally, we acknowledge that the Petitioner submitted an independent expert opinion letter from Dr. I Ia professor of education atl Iwho evaluated her eligibility under the first and third prongs of the Dhanasar framework. In addressing Dhanasar' s first prong, Dr.I I makes largely conclusory statements regarding the Petitioner's eligibility that are not supported by other evidence in the record or the framework provided in Dhanasar. For example, he concludes that the endeavor has national or even global implications within a particular field because "the promotion of International Education Development is vital for global prosperity." As emphasized above, in determining national importance, the relevant question is not the importance of the industry, field or profession in which the individual will work; instead, we focus on the "the specific endeavor that [the petitioner] proposes to undertake" and its potential prospective impact. Dhanasar, 26 I&N Dec. at 889. In evaluating the substantial positive economic effects ofthe endeavor, Dr.I lletter focuses on data regarding the economic and employment contributions of international students to the U.S. economy and the general importance of education in driving "long-term growth for societies." The Petitioner's specific proposed endeavor, however, does not involve attracting international students to the United States. Further, she cannot demonstrate the substantial positive economic effects of her specific endeavor based on general claims that education is a driver of economic growth. USCIS may, in its discretion, use as advisory opinions statements from universities, professional organizations, or other sources submitted in evidence as expert testimony. Matter ofCaron Int 'l, 19 I&N Dec. 791, 795 (Comm'r. 1988). However, USCIS is ultimately responsible for making the final determination regarding an alien's eligibility. The submission ofletters from experts supporting the petition is not presumptive evidence of eligibility. Id., see also Matter ofD-R-, 25 I&N Dec. 445, 460 n.13 (BIA 2011) (discussing the varying weight that may be given expert testimony based on relevance, reliability, and the overall probative value). Here, much ofthe content ofthe expert opinion letter lacked relevance and probative value with respect to the national importance of the Petitioner's specific proposed endeavor, and the conclusions reached are not sufficiently supported by other evidence in the record describing the nature and scope of that endeavor.
For the reasons provided above, the Petitioner has not established the importance of her proposed endeavor as required under the first prong of the Dhanasar framework.
Conclusion
As the Petitioner has not met the requisite first prong ofthe Dhanasar analytical framework, we conclude that she has not established she is eligible for or otherwise merits a national interest waiver as a matter of discretion. Accordingly, we need not reach, and therefore reserve, the Petitioner's appellate arguments regarding her eligibility under Dhanasar's third prong. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (per curiam) (holding that agencies are not required to make "purely advisory findings" on issues that are unnecessary to the ultimate decision).
ORDER: The appeal is dismissed.
NOTICE: This constitutes the final decision in this matter. The filing of a motion will not postpone the effect of the decision. 8 C.F.R. § 103.S(a)(l)(iv). Aliens who are not lawfully present, or who are otherwise inadmissible or deportable, may be subject to the commencement of removal proceedings under section 240 ofthe Act through the issuance of a Form I-862, Notice to Appear. Those proceedings may result in their removal from the United States and possible ineligibility for future visas or other immigration benefits.