The Petitioner - a researcher and developer of computing methodologies and data science tools to more effectively interpret data - requests classification under the employment-based, secondpreference (EB-2) immigrant visa category and a waiver of the category's job-offer requirement. See Immigration and Nationality Act (the Act) section 203(b)(2)(B)(i), 8 U.S.C. § 1153(b)(2)(B)(i). U.S. Citizenship and Immigration Services (USCIS) has discretion to excuse job offers in this category -and thus the related need for certifications from the U.S. Department of Labor (DOL) - if petitioners demonstrate that waivers of these U.S.-worker protections would be "in the national interest." Id. Service Center Operations (SCOPS) denied the petition. SCOPS concluded that he did not merit a national interest waiver. On appeal, the Petitioner contends that SCOPS overlooked evidence and relied on materials outside the record.
The Petitioner bears the burden of demonstrating eligibility for the requested benefit by a preponderance of the evidence. Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). Exercising de novo appellate review, see Matter of Christo 's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015), we conclude that he qualifies for a national interest waiver. We will therefore sustain the appeal.
Law
To demonstrate eligibility for national interest waivers, petitioners must first establish their qualifications for the EB-2 category, either as members ofthe professions holding "advanced degrees," or as aliens of "exceptional ability" in the sciences, arts, or business. See section 203(b )(2)(A) of the Act. To protect jobs for U.S. workers, this immigrant visa category generally requires prospective U.S. employers to offer aliens work and to obtain DOL certifications to permanently employ them in the country. See section 212(a)(5)(D) of the Act, 8 U.S.C. § l 182(a)(5)(D). Petitioners may avoid the job-offer and labor-certification requirements by demonstrating that waivers of the U.S.-worker protections would be "in the national interest." Section 203(b)(2)(B)(i) of the Act.
Neither the Act nor regulations define the term "national interest." So, to adjudicate these waiver requests, we have established a framework. If otherwise qualified as advanced degree professionals p. 2 or aliens ofexceptional ability, petitioners may warrant waivers ofthe job-offer and labor-certification requirements by demonstrating that:
- Their proposed U.S. work has "substantial merit" and "national importance;"
- They are "well positioned" to advance their intended endeavors; and
- On balance, waivers of the job-offer and labor certification requirements would benefit the United States.
Matter ofDhanasar, 26 I&N Dec. 884, 889-91 (AAO 2016); see generally 6 USCIS Policy Manual F.(5)(D)(l), www.uscis.gov/policy-manual.
Analysis
A. The Petitioner and His Proposed Endeavor
The record shows that the Petitioner earned: a bachelor of science degree in mathematics and applied mathematics in his home country; a master of science degree in statistics from a Canadian university; and a doctorate degree in data science from a U.S. school.
The record supports SCOPS' findings that:
- the Petitioner qualifies for EB-2 classification as an advanced degree professional; and
- his proposed endeavor has substantial merit.
B. National Importance
When determining whether a proposed endeavor has national importance, USCIS must focus on the particular venture, specifically on its "potential prospective impact." Matter ofDhanasar, 26 I&N Dec. at 889. "An undertaking may have national importance, for example, because it has national or even global implications within a particular field, such as those resulting from certain improved manufacturing processes or medical advances." Id. Also, "[ 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.
Ultimately, if the evidence ofrecord demonstrates that the person's proposed endeavor has the significant potential to broadly enhance societal welfare or cultural or artistic enrichment, or to contribute to the advancement of a valuable technology or field of study, it may rise to the level of national importance.
C. Well Positioned
The second prong of our Dhanasar analysis shifts the focus from the Petitioner's proposed endeavor to the Petitioner himself. See Matter ofDhanasar, 26 I&N Dec. at 890. He must demonstrate that he is well positioned to advance his proposed venture. Id.
When assessing a petitioner's positioning to advance an endeavor, USCIS considers:
- Their education, skills, knowledge, and record of success in similar or related efforts;
- Their development of a detailed plan for future activities related to the endeavor;
- Any progress towards achieving the proposed endeavor; and
- Interest or support garnered from potential customers, users, investors, or other relevant people or entities.
See generally 6 USCIS Policy Manual F.5(D)(3).
Contrary to SCOPS' finding, the record demonstrates that the Petitioner is well positioned to advance his proposed endeavor. The Petitioner has a doctoral degree in a field directly related to the endeavor. The Petitioner's endeavor also involves working with a critical and emerging technology. "USCIS considers an advanced degree, particularly a Doctor of Philosophy (Ph.D.), in a STEM [Science Technology Engineering or Mathematics] field tied to the proposed endeavor and related to work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness or national security, an especially positive factor to be considered along with other evidence for purposes of the assessment under the second prong." 6 USCIS Policy Manual F.5(D)(4).
Further, letters from researchers demonstrate the Petitioner's past achievements related to his endeavor. See generally 6 USCIS Policy Manual F.5(D)(3) ("The petitioner should submit evidence to document the person's past achievements, explain how those achievements relate to the proposed endeavor or provide evidence of progress towards achieving the endeavor, and corroborate projections related to the proposed endeavor.")
The Petitioner described his proposed endeavor in detail and proposed future activities related to it. The record also shows that he has made progress towards achieving the endeavor. A letter from an official at a U.S. Department of Energy national laboratory discusses the Petitioner's "innovative and essential work ...
- work that directly supports our nation's most critical goals." See generally 6 USCIS Policy Manual F.5(D)(5) ("Detailed letters ofgovernment or quasi-governmental interest that provide relevant information about how well-positioned the person is to advance the endeavor are valuable for purposes of assessing the second prong.")
A preponderance of the evidence establishes that the Petitioner is well positioned to advance his proposed endeavor. We will therefore withdraw SCOPS' contrary finding.
D. A Waiver's Benefits
By creating the national interest waiver, Congress recognized that, in certain cases, factors in the national interest can outweigh the benefits inherent in the job-offer and labor-certification processes. p. 4 Matter of Dhanasar, 26 I&N Dec. at 890. The third prong of our Dhanasar analysis requires a petitioner to demonstrate that, on balance, a waiver of the job-offer and labor-certification requirements would benefit the United States. Id.
In balancing these interests, USCIS may consider whether:
- in light of the nature of an alien's qualifications or 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;
- even assuming that other qualified U.S. workers are available, the United States would still benefit from the alien's contributions; and
- the national interest in the foreign national's contributions is sufficiently urgent to warrant forgoing the labor certification process.
Matter ofDhanasar, 26 I&N Dec. at 890-91.
A preponderance of the evidence in this matter indicates that a waiver of the job-offer and laborcertification requirements would benefit the United States.
Conclusion
The Petitioner has demonstrated his eligibility for a national interest waiver.
ORDER: The appeal is sustained.