The Petitioner, a civil engineer, seeks employment-based second preference (EB-2) immigrant classification as a member ofthe professions holding an advanced degree, as well as a national interest waiver of the job offer requirement attached to this classification. See Irnrnigration 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 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 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 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.
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 the Petitioner qualified for EB-2 classification as an advanced degree professional because he submitted evidence that he holds the U.S. equivalent of a Master of Science degree in civil engineering. We agree. The only issue on appeal is whether he qualifies for and merits a waiver of the required job offer, and thus of the labor certification, in the national interest. SCOPS concluded the Petitioner established the substantial merit and national importance of his proposed endeavor, but did not meet the second and third Dhanasar prongs.
In his initial statement, the Petitioner described his proposed endeavor as "to develop new generations of sustainable, advanced construction materials with the aim of minimizing the costs of rehabilitation and maintenance while maximizing the efficiency of structures during their service life within the construction industry." The Petitioner stated he would ursue his proposed endeavor while earning his doctoral degree at the and u on com letion of his doctorate he would pursue a position as a post-doctoral fellow at the ~-----------~
A. Well Positioned to Advance the Proposed Endeavor
The second Dhanasar prong shifts the focus from the proposed endeavor to the individual. Id. at 890. To determine whether individuals are well positioned to advance the proposed endeavor, we consider factors including, but not limited to: their 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 Id.
SCOPS determined the Petitioner did not establish that he is well positioned to advance his proposed endeavor under these factors. On appeal, the Petitioner asserts SCOPS erred and did not properly apply Dhanasar. The record shows the Petitioner has the education, skills, and knowledge needed to advance his proposed endeavor. The Petitioner holds a Master of Science degree in civil engineering and support letters attest to his skills and knowledge.
The record also shows that the Petitioner has a record of success in efforts related to his proposed endeavor, has made progress towards achieving his proposed endeavor, and others are interested in his proposed endeavor. S-S-2 describes how another research team relied on the Petitioner's work on the rheological characteristics ofcement. P-K- and W-S- described how they and other research teams relied upon the Petitioner's comprehensive study of nine pervious concrete mixtures. P-S- also discusses how other researchers have used the Petitioner's findings and states the Petitioner's research lays "the groundwork for farther research into sustainable concrete options." S-K- discusses the significant impact of the Petitioner's research on the application of waste cellulose fibers in construction materials in order to develop eco-efficient cementitious composites with improved mechanical properties and superior durability, which was fonded by the U.S. Department of Transportation.
The Petitioner submitted evidence that he has published co-authored articles in highly ranked engineering journals which have been cited numerous times by other researchers. He also submitted evidence that his research published in an article of which he is the first author was funded by the U.S. Department of Transportation. The Petitioner also submitted evidence that he co-authored a patent for a device for.__ _________________. of concrete mixtures that has been used by two engineering and construction companies in Iran. As evidence of his progress in achieving his proposed endeavor, the Petitioner submitted detailed discussions of his current research and an article he is preparing to submit for publication.
The Petitioner's statements also contain a detailed plan for his future activities. In his initial statement, the Petitioner explained that he would work on "developing advanced carbon-negative construction materials with engineered nano to macro structures to enhance the resiliency and durability of infrastructure while prioritizing environmental consciousness," which would be achieved through the "utilization of supplementary cementitious materials, agricultural and industrial waste byproducts, nano materials, and recycled aggregates." In his supplemental statement submitted in response to SCOPS' request for evidence, the Petitioner provided the example of his plan to study the underlying mechanisms of rebar corrosion, "a deleterious issue for reinforced structures, and develop nanomodified mixtures to prevent corrosive agents from affecting the rebars, thereby extending the lifespan of these structures."
In sum, the relevant evidence demonstrates the Petitioner's education, skills, knowledge, record of success, plan for future activities; progress towards achieving the proposed endeavor; and the interest of other researchers, a funder, and two companies in his work. The Petitioner has established that he is well-positioned to advance his proposed endeavor and SCOPS' contrary determination is withdrawn.
C. Whether on Balance a Waiver is Beneficial
The third Dhanasar 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. Id. at 890-91. 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. Id. 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 of a job offer and thus of a labor certification. Id. at 891. SCOPS determined the Petitioner did not meet the third Dhanasar prong under these factors. On appeal, the Petitioner asserts SCOPS did not evaluate the relevant evidence and he meets this prong.
The Petitioner's education and proposed endeavor in a science, technology, engineering, and math (STEM) field merit special consideration under United States Citizenship and Immigration Services (USCIS) Policy. USCIS recognizes the importance of progress in STEM fields and the essential role that individuals with advanced STEM degrees have in fostering such progress. 6 USCIS Policy Manual F.5(D)(2), https://www.uscis.gov/policy-manual/. Accordingly, strong positive factors to p. 4 consider when assessing the third Dhanasar prong include possession of an advanced STEM degree and being well positioned to advance the proposed STEM endeavor ofnational importance. Id. These factors are present in the Petitioner's case.
However, the Petitioner has not established his eligibility under the factors identified in Dhanasar. The Petitioner claims it would be impractical for him to obtain a labor certification because his position as a pre-doctoral researcher is inherently temporary and a labor certification requires a permanent job offer. However, the Petitioner submitted a letter from H-H-J-, Assistant Professor ofCivil Engineering at thel Ioffering the Petitioner a Postdoctoral Research Fellow position in his laboratory. H-H-J- does not indicate that the position is temporary.
The Petitioner also claims the benefits from his research are so significant that it would still be beneficial to waive the labor certification even if other qualified U.S. workers were available. The Petitioner asserts he possesses considerable knowledge, expertise, and skills in a highly specialized field and his proposed endeavor implicates urgent national interests involving the reduction of greenhouse gas emissions. The record indicates, however, that there are several other researchers in the Petitioner's field and he is not alone in working on the reduction of greenhouse gas emissions. The Petitioner further asserts the national interest in his research is sufficiently urgent to warrant forgoing the labor certification process. The Petitioner claims his research addresses the pressing issues of the "dire environmental impacts of producing concrete" and "federal efforts to address greenhouse gas emissions." While the record documents the national importance of the Petitioner's proposed endeavor, it does not establish that the national interest in his work is so urgent that it warrants forgoing the labor certification process.No interest from users, customers or investors In their discussion of the significance of the Petitioner's research, S-S-, P-K-, W-S-, S-K-, and P-S- do not indicate that the national interest in the Petitioner's work is so urgent it could not wait for him to obtain a labor certification. The record does not demonstrate that it would be impractical for the Petitioner to obtain a job offer or labor certification, that the United States would still benefit from the Petitioner's contributions even if other qualified U.S. workers were available, and that the national interest in the Petitioner's proposed endeavor is sufficiently urgent to warrant forgoing the labor certification process.Labor certification not shown to be impractical Considered together, these factors do not establish 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 the Petitioner's case.Did not show the waiver outweighs labor certification
Conclusion
The Petitioner has established that he is an advanced degree professional eligible for EB-2 classification, and that he meets the first and second Dhanasar prongs. However, the Petitioner has not demonstrated that he meets the third Dhanasar prong and merits a waiver of the job offer requirement in the national interest.
ORDER: The appeal is dismissed.