The Petitioner, a fraud data analyst, 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 Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § l 153(b)(2).
SCOPS denied the petition, concluding the Petitioner did not establish that she is eligible for or otherwise merits a national interest waiver as a matter of discretion. The matter is now before us on appeal. 8 C.F.R. § 103.3.
The Petitioner bears the burden ofproof to demonstrate eligibility by a preponderance of the evidence. Matter ofChawathe, 25 l&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 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. 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. U.S. Citizenship and Immigration Services (USCIS) may grant this discretionary waiver of the required job offer, and thus of a labor certification, when it is in the national interest to do so. Matter of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016), provides the framework for adjudicating national interest waiver petitions. Dhanasar states 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 found that the Petitioner qualifies for the underlying EB-2 classification as a member of the professions holding an advanced degree.2 The issue on appeal is whether the Petitioner established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. SCOPS determined that while the Petitioner demonstrated the proposed endeavor has substantial merit, she did not establish that the proposed endeavor is of national importance, as required by the first prong of the Dhanasar analytical framework. Upon de novo review, we agree with SCOPS' determination that the Petitioner did not establish the national importance of her proposed endeavor. 3
On appeal, the Petitioner asserts that SCOPS misapplied the legal standard of review, imposing a standard higher than preponderance of the evidence. She claims SCOPS erred by disregarding probative, credible, and reliable evidence demonstrating her proposed endeavor is of national importance. We disagree with the Petitioner's assessment of SCOPS' decision. To determine whether a petitioner has met their burden under the preponderance of the evidence standard, we consider not only the quantity, but also the quality (including relevance, probative value, and credibility) of the evidence. See Matter ofChawathe, 25 I&N Dec. at 376.; see also Matter ofE-M-, 20 I&N Dec. 77, 79- 80 (Comm'r 1989). Based on the record, SCOPS' decision is a reasoned interpretation and consideration of the evidence. As discussed below, the proposed endeavor, as described, and the evidence in the record do not support the Petitioner's assertions that the potential impact of her endeavor extends beyond her employer and its clients to have a broader impact to her field or implications rising to a level of national impmiance.No broader implications shown
The first prong of the Dhanasar analytical framework, substantial merit and national importance, focuses on the specific endeavor that a petitioner 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. In determining national importance, the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake." Id.
For her proposed endeavor, the Petitioner states that she intends to continue working as a fraud data analyst for her current employer,._____________________.· Her work is focused on "developing and implementing models and technologies to detect and prevent cyber fraud, including fraud in e-commerce platforms." She explains using machine learning and advanced computing technologies to develop models capable of detecting patterns of fraudulent behavior in 2 To qualify for the underlying EB-2 classification as an advanced degree professional, the Petitioner submitted her diploma and academic transcript indicating she earned a master of science in information systems from I ~ Based on the record, the Petitioner has established she is an advanced degree professional. 3 While we may not discuss every document submitted, we have reviewed and considered each one. I p. 3 digital environments through proactive investigation of customer, transaction, and other activity data with the goal of designing and implementing solutions that strengthen cybersecurity, fraud detection, analytics, and modeling for e-commerce platforms. She maintains that her work will enhance financial security; protect consumer data; advance U.S. cybersecurity and critical and emerging technology initiatives; and help protect the integrity of the digital entertainment industry.
The Petitioner, however, makes broad claims, without corroborating evidence, that her fraud data analyst work would impact national government policies; advance U.S. technological innovation; impact the U.S. economy; and advance the fields of data science, financial risk management, and cybersecurity. Her statement mainly provides summaries, without specific details or supporting evidence, of her ongoing work projects, which generally states her endeavor will include artificial intelligence, machine learning, and data analytics to develop predictive models for proactive identification of suspicious fraudulent activities on digital entertainment platforms.Proposed endeavor too vague While the Petitioner working as a fraud data analyst forLJwith a focus on artificial intelligence, machine learning, and data analytics to predict fraudulent activities may demonstrate the substantial merit of the proposed endeavor, it does not support or demonstrate its prospective potential impact nationally, or even globally, or through broader implications rising to a level of national importance. When analyzing the national importance of a petitioner's proposed endeavor under Dhanasar 's framework, we focus on the prospective impact of the proposed endeavor, instead of limiting our analysis to a petitioner's employment at the time of filing. An endeavor is more specific than a general occupation and should include details of the types of work a petitioner intends to undertake and describe specific projects and goals. See generally 6 USCIS Policy Manual F.5(D)(2), https: //www.uscis.gov/policy-manual.
As a comparison, the petitioner in Dhanasar demonstrated that he conducted research and development in the field of air and space propulsion, more specifically, hypersonic propulsion systems involving speeds above Mach 5, and he had developed a novel method for accurately calculating hypersonic airflow. Matter ofDhanasar, 26 I&N Dec. at 891-92. In addition, he submitted evidence reflecting that he would continue his research into designing and developing propulsion systems in nano-satellites, rocket-propelled ballistic missiles, and single-stage-to-orbit vehicles and substantial supporting evidence of how his continued research would assist the United States in maintaining its advantage over other nations in hypersonic flight, including documentation reflecting his receipt of funding from a government entity for his research. Id.
Here, the Petitioner summarized her ongoing projects while emphasizing the importance of her previous projects, but she has not provided the level of specific details or documentation as required under Dhanasar to support her claims that her proposed work as a fraud data analyst for LJwould have the potential to extend beyond her employer and impact the fields of fields of data science, financial risk management, and cybersecurity, or other fields and industries. The Petitioner mainly relies on her statements, without corroborating evidence, to characterize her work as valuable for advancing her fields. She has not provided evidence sufficient to support her claims that her proposed endeavor would advance her fields more broadly or would be different from work typically performed by a fraud data analyst for D For instance, the Petitioner has not detailed or established with supporting evidence her plans to introduce novel technologies or advancements that may be disseminated to or adopted by others operating in the field or industry. A petitioner must also support p. 4 assertions with relevant, probative, and credible evidence. See Matter ofChawathe, 25 I&N Dec. at 376. As the Petitioner has not done so here, she has not sufficiently established that her proposed endeavor in the United States will have national importance under the first Dhanasar prong. The Petitioner maintains that her proposed endeavor would advance the data and financial security of Oentertainment platforms, platforms widely used by U.S. and global consumers. The Petitioner stresses her fraud data analyst expertise and her unique professional skills and knowledge utilizing artificial intelligence, machine learning, and data analytics to develop e-commerce fraud prediction models, making her irreplaceable to support her endeavor's continued advancement. The Petitioner contends that her fraud data analyst work would extend beyond her employer having a broader national impact on the U.S. economy and financial stability by protecting consumers from fraud and identity theft. The Petitioner emphasizes that her fraud data analyst work has had a broad impact in her field, emphasizing her professional skills, knowledge, and previous work contributions. While the Petitioner's professional skills, knowledge, and previous work contributions may help to understand her proposed endeavor, such skills, knowledge, and previous work mainly relate to whether she is well positioned to advance her endeavor under Dhanasar 's second prong.
The record includes recommendation letters from the Petitioner's current and previous employers. Her direct supervisor at D indicates that the company values her knowledge and her dedication to her field and the company, and thatc=Jwould be "significantly impacted" if she did not continue working forLJ Her supervisor also states that her "work directly benefits the United States by enhancing cybersecurity safety measures to detect and prevent online fraud, safeguarding our customers with a dedicated focus on protecting those in the United States from the ever-evolving threats of online fraud and promoting economic stability." To support these claims, her supervisor discusses some of the Petitioner's previous projects, including her having analyzed customer data to identify key indicators for potential fraud and building a dashboard designed for real-time monitoring which enhanced her employer's ability to prevent fraud and minimize financial losses. In addition, her supervisor discusses in general terms the Petitioner's ongoing projects, such as building predictive models using gameplay and in-game commerce data and machine learning techniques to detect and mitigate fraudulent activities, with a primary focus on account takeovers and the use of stolen financial instruments to make unauthorized purchases.
While the Petitioner's supervisor values her technical knowledge, dedication to her field, and her work with specificOprojects, the Petitioner's supervisor mainly focuses on the Petitioner's previous fraud data analyst work and accomplishments with general statements about her ongoing work and that her work contributes to her field, supports the U.S. economy, and would be of value to the United States. Likewise, a letter from the Petitioner's previous employer explains the Petitioner's prior job responsibilities, including her work leading a fraud detection project which focused on automating the review process for high-risk transactions and unusual betting patterns in order to better secure customer personal information and financial assets. In general terms, her previous employer emphasizes the Petitioner being dedicated to enhancing fraud detection and prevention capabilities within digital spaces which aligns with U.S. cybersecurity, economic, and technological interests. Her former employer, however, does not identify or address her specific proposed endeavor.
The letters attest to her technical competencies, professionalism, and roles for certain successful projects for her former and current employers, which help her employers and their customers. We p. 5 acknowledge that the Petitioner has provided valuable fraud data analyst services for her employers and their customers, but the Petitioner has not offered sufficient information and evidence based on these recommendation letters to demonstrate the prospective impact of her proposed endeavor rises to the level of national importance. The Petitioner's statements characterize the Petitioner's work as valuable for maintaining the data privacy and security oLJentertainrnent platforms by leveraging her technical experience and knowledge to positively impact her employer's customers' reliance and use of its entertainment platforms. Without further evidence, the Petitioner has not demonstrated her work as a fraud data analyst for0has the potential to impact her field more broadly rising to the level of national importance.
Much ofthe evidence in the record and the Petitioner's arguments focus on the importance ofthe fields of data science, financial risk management, and cybersecurity, as well as national initiatives focused on advancing e-commerce while protecting e-commerce user's privacy and data. In particular, the Petitioner claims that SCOPS' decision is contrary to national initiatives and USCIS policy guidance recognizing the importance of cybersecurity, artificial intelligence, machine learning, and progress in the fields of science, technology, engineering, and mathematics (STEM). She maintains that her proposed endeavor aligns with national government initiatives and USCIS policy guidance recognizing the importance of advancing STEM technologies, in particular cybersecurity, artificial intelligence, and machine learning technologies which are recognized by the U.S. National Science and Technology Council as being critical and emerging.
In support of her assertions, the Petitioner submitted an inde inion letter from a rofessor of computer science and information systems at '---------.----r-----------' The opinion describes the Petitioner's work as a fraud data analyst for.___.... nd evaluates her proposed endeavor based on the Dhanasar analytical framework, including the national importance of her endeavor. The professor asserts that the Petitioner's work contributes to advancing national initiatives focused on artificial intelligence technology development, secure data management, analytics, and data privacy, which is important to the U.S. economy, technological competitiveness and innovation, public well-being, and national security. In addition, the opinion maintains that her endeavor is of national importance because several areas central to her endeavor have been classified as critical and emerging technologies by the National Science and Technology Council and recognized by the U.S. government as important to the health and stability of the national economy and security. The record also includes media articles, industry reports, and U.S. government initiatives which focus on using artificial intelligence and machine learning to detect and prevent fraud; national commitment to fostering economic growth through trade, international business investment, and e-commerce; increasing government data to help businesses; protecting the environment while helping businesses; advancing U.S. leadership in artificial intelligence; the expected increase in hiring of occupations related to STEM, the video game market, and cybersecurity; cybercrime and cybersecurity trends, policies, and programs; and the expected increase in demand for cybersecurity jobs.
While USCIS recognizes specific evidentiary considerations relating to STEM degrees and fields, "the evidence must demonstrate that a STEM endeavor has both substantial merit and national importance." See generally 6 USCIS Policy Manual, supra, at F.5(D)(2). We acknowledge the overall value of the advancement ofartificial intelligence, machine learning, and advanced computing, as well as attracting qualified professionals in related careers, and strengthening our nation 's technology, particularly technology recognized as critical and emerging, but their overall significance does not establish the p. 6 national importance of the Petitioner's proposed endeavor in particular. See id. The Petitioner has not sufficiently detailed her proposed fraud data analyst work, or provided supporting evidence to understand how it would advance STEM technologies with sufficiently broad potential implications for her field rising to the level of national importance. The articles and reports do not mention the Petitioner's specific work with her employer and its potential impact on the field or on such national initiatives.Past record does not show influence or success In addition, the evidence's focus on the importance and need for qualified professionals in STEM fields does not demonstrate that the instant specific endeavor would have a prospective impact in the field. Stating that a profession related to the STEM field is of importance, or that a STEM profession supports national initiatives or important industries with expected growth, is not sufficient to meet the "national importance" requirement under the Dhanasar framework since it fails to address the potential prospective impact of the Petitioner's specific endeavor.
In determining national importance, the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake." Matter ofDhanasar, 26 I&N Dec. at 889 In Dhanasar, we determined that 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. We explained that "[a]n 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. at 889.
Here, the evidence mainly focuses on the Petitioner's performance ofher job responsibilities as a fraud data analyst for her employer and does not demonstrate that her proposed endeavor will have the claimed national or global implications in the fields of data science, financial risk management, and cybersecurity. The record does not establish how the endeavor has the potential to have broader implications in the field, potential impact on national initiatives, a significant potential to employ U.S. workers, or substantial positive economic effects, as contemplated by the first Dhanasar prong.Job creation or economic claims unsupported Id. at 889-90. Beyond general assertions, the Petitioner has not demonstrated that the work she proposes to undertake as a fraud data analyst for her employer's entertainment platform has the potential to offer the claimed original innovations that contribute to advancements in the data science, financial risk management, and cybersecurity fields or otherwise has broader implications. The potential broader impacts from her work depend on numerous factors and the Petitioner did not offer a sufficiently direct evidentiary tie between her proposed fraud data analyst work and the claimed broader results. SCOPS further determined that although the Petitioner established that she is well-positioned to advance the proposed endeavor under Dhanasar 's second prong, she did 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 under Dhanasar 's third prong.Did not show the waiver outweighs labor certification Because the documentation in the record does not sufficiently establish the Petitioner qualifies for the first prong of the Dhanasar precedent decision, she has not demonstrated eligibility for a national interest waiver. This identified basis for dismissal is dispositive of the Petitioner's appeal, and therefore we decline to reach and hereby reserve the Petitioner's appellate arguments and eligibility under the second and third prongs of Dhanasar. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (noting that "courts and agencies are not required to make findings on issues the decision of which is unnecessary to the results they reach"); see also Matter of L-A-C-, 26 I&N Dec. 516, 526 n. 7 (BIA 2015) ( declining to reach alternative issues on appeal where an applicant is otherwise ineligible).
Conclusion
As the Petitioner has not established eligibility under the requisite first prong of the Dhanasar analytical framework, she is not eligible for a national interest waiver as a matter of discretion. The appeal will be dismissed for the above stated reasons.
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. § 103.5(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 ofa 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.