The Petitioner 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 Petitioner qualified for EB-2 classification, but that he had not established 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 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 Christo 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, we will sustain 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. An advanced degree is any U.S. academic or professional degree or a foreign equivalent degree above that of a bachelor's degree. 1 8 C.F.R. § 204.5(k)(2). A U.S. bachelor's degree or a foreign equivalent degree followed by five years of progressive experience in the specialty is the equivalent of a master's degree. Id.
Once a petitioner demonstrates eligibility for the underlying classification, the petitioner must then establish eligibility for 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 ofDhanasar, 26 I&N Dec. 884 (AAO 2016), provides the framework 1 Profession shall include, but not be limited to, architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academics, or seminaries. Section 101 ( a)(32) of the Act. p. 2 for adjudicating national interest waiver pet1t10ns. Dhanasar states that U.S. Citizenship and Immigration Services (USCIS) may, as a matter of discretion,2 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. at 889.
Analysis
The Director determined the Petitioner qualifies for EB-2 classification as an advanced degree professional based upon his master's degree in data science from I Iobtained in 2021. 3 The Director also concluded that the Petitioner's proposed endeavor has substantial merit. However, the Director determined the Petitioner did not demonstrate eligibility for a national interest waiver because he did not establish that his endeavor is of national importance, that he is well-positioned to advance the proposed endeavor, or that, on balance, waiving the job offer requirement would benefit the United States.Did not show the waiver outweighs labor certification For the reasons discussed below, we conclude that the Petitioner has established eligibility for a national interest waiver under the analytical framework set forth in Dhanasar. A. Whether the Proposed Endeavor Has Substantial Merit and National Importance The substantial merit of an endeavor "may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education." Dhanasar, 26 I&N Dec. at 889. To satisfy the national importance requirement, the Petitioner must demonstrate the "potential prospective impact" of the proposed endeavor. Id. The Petitioner proposes to use his academic background as a data scientist to "provide expert data analytics services in the [United States], with the goal of advancing the data science market in the U.S. and expanding the use of data among many industries ...." The record shows that experts in data science use their skills to help organizations make data driven decisions and that data analysts and scientists, like the Petitioner, are in high demand because of the increased use and reliance on cloud computing, machine learning, and artificial intelligence.
In his current position at Ithe Petitioner's direct supervisor explains that the Petitioner's work as part of the Employee Learning Experiences and Insights team involves:
[S]upport[ing] our partners across the customer and partner solutions organization by ensuring our learners have the best learning experience from content to user experience that is informed by data to ensure successful program outcomes. The impact of our work supports the internal learning experiences of over 100,000 full-time employees.
The record contains evidence to establish that data science and analytics relies on the use of historical data to predict future outcomes. The COVID-19 pandemic created a worldwide disruption event that affected supply chains and while economies are in recovery, data science and analytics has become more important for organizations attempting to grow amidst this disruption, and the tools used by professionals like the Petitioner are vital to how companies stay resilient. Furthermore, increased digitization and cloud computing leaves organizations vulnerable to hacking and cyberattacks thus talented data scientists, like the Petitioner, are needed to eliminate uncertainty, increase competitiveness, prevent fraud and financial losses, increase predictability, and facilitate data-driven decision-making.
Based upon the evidence in the record of the potential for the proposed endeavor to eliminate uncertainty for organizations, and its potential to impact businesses, and other organizations in need of data scientists and data analysts, the Petitioner's proposed endeavor has both substantial merit and national importance.
B. Well Positioned to Advance the Proposed Endeavor
The second prong shifts the focus from the proposed endeavor to the individual. To determine whether an individual is well positioned to advance the proposed endeavor, we consider factors including, but not limited to 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.Past record does not show influence or success Dhanasar, 26 I&N Dec. at 890.
The Director determined that, after consideration of these factors, the evidence submitted did not establish that the Petitioner was well positioned to advance the proposed endeavor. Upon de novo review, we conclude that the Petitioner has established that he is well positioned to advance his proposed endeavor.
The record includes the following: the Petitioner's curriculum vitae; academic records;4 recommendation letters from his current and former colleagues; a published journal paper co-authored by the Petitioner showing how his work as a data scientist assists researchers; a citation record for his journal paper; and general information pertaining to the Petitioner's area of expertise, and past accomplishments as an entrepreneur and journalist.
The Petitioner plans to continue working as a data scientist with I Iand in the information technology sector, to advance his endeavor. The record includes a letter of recommendation from his direct supervisor atl Iexplaining he has worked with the Petitioner since September 2022. He describes the Petitioner in highly favorable terms stating:
[The Petitioner] has become well-known for his technical mastery of data science tools ... [and] has a unique talent in this industry, [because] he is able to leverage his 4 For purposes of assessment under the second prong, USCIS considers an advanced degree in the fields of science. technology, engineering, and mathematics (STEM) tied to the proposed endeavor and related to work furthering a STEM area important to U.S. competitiveness or national security an especially positive factor to be considered along with other evidence. See generally 6 USCIS Policy Manual F.5(D)(2), https:///www.uscis.gov/policy-manual. p. 4 knowledge of data science and reporting design to create data products [] that provide critical information used to make decisions that impact employee learning. He has the rare ability to [] build data products from conception all the way through implementation and delivery. Beyond just the data products, his business domain knowledge allows him to become a trusted advisor to our partners in helping them define strategy and achieve desired business goals. He is a seasoned professional and an asset to multinational companies trying to create data products that support key decision making especially as it relates to the [] education of foll-time staff.
A letter from the Petitioner's mentor during his time atl who is a 30 plus year leader in the pharmaceutical industry, attests to the Petitioner's abilities as a data science and analytics professional. He explains that the Petitioner was highly sought after by companies like I I because of his "excellent knowledge of the market in which he operates, eas[y comprehension of] new concepts, and demonstrate[d] talent for strategic thinking." In addition, because of his excellent performance as a student in his master's degree program, he was chosen for a highly selective internshi s onsored b which resulted in the ublication of the article published in the Journal of Medical Internet Research (2021), which he co-authored.
The record demonstrates the Petitioner's education, his work experience, and accomplishments in an important STEM field, as well as the significance of his work, and the interest he has received from highly competitive companies like I I In their totality, these documents are relevant, probative, and material proof ofthe Petitioner being well positioned to advance the proposed endeavor. Accordingly, the Petitioner has demonstrated that he satisfies the second prong of the Dhanasar framework.
C. Whether on Balance a Waiver is Beneficial
The third prong requires a 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, we may evaluate factors such as: whether, in light of the nature of the individual's qualifications or the proposed endeavor, it would be impractical either for them to secure a job offer or to obtain a labor certification; whether, even assuming that other qualified U.S. workers are available, the United States would still benefit from their contributions; and whether the national interest in their contributions is sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) considered must, taken together, establish that on balance, it would be beneficial to the United States to waive the requirements ofa job offer and thus of a labor certification. Dhanasar, 26 I&N Dec. at 890-91.
USCIS considers the following combination of facts contained in the record to be a strong positive factor: possession of an advanced degree in science, technology, engineering, or mathematics (STEM); engagement in work furthering a STEM area important to U.S. competitiveness; and that the individual is well positioned to advance the proposed STEM endeavor of national importance. 5 5 See generally 6 USCIS Policy Manual, supra at F.5(D)(2).
The Director determined that the Petitioner had not satisfied the third prong of the Dhanasar framework. Upon de novo review, we conclude that the waiver of the labor certification requirement for the Petitioner would, on balance, be beneficial to the United States because the evidence demonstrates that, as a data scientist with a record of published research, and a background as a successful entrepreneur, the Petitioner possesses experience and expertise in his STEM field that on balance would advance U.S. interests. As such, we conclude that he offers contributions of such value that, on balance, they would benefit the United States even assuming other qualified U.S. workers are available.
Conclusion
Accordingly, we hereby withdraw the Director's decision because the Petitioner has demonstrated that he satisfies all three prongs of the Dhanasar framework and that he is eligible for the benefit sought ORDER: The appeal is sustained.