The Petitioner, a process engineer, 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 EB-2 classification. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2).
SCOPS denied the petition, concluding that the record did not establish that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest. 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 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.
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 1 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Third, Ninth, Eleventh, and D.C. Circuit Courts of Appeals in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary in nature).
- On balance, waiving the job offer requirement would benefit the United States.
Id.
Analysis
SCOPS concluded that the Petitioner qualifies as a professional holding an advanced degree. The record supports that conclusion; he has a master's degree in chemistry from thel I I ~ The remaining issue to be determined 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.
The Petitioner is a process engineer who conducts research to optimize the manufacturing processes of paper and polymer composites for an American manufacturer. He has experience researching nanogenerator teclmologies, which he describes as "centimeter-sized ... energy-harvesting devices that utilize advanced nanomaterials to convert various fonns of primary energy into electricity" and "power low-energy devices efficiently by converting environmental waste energy into usable electricity." His proposed endeavor is to continue his research developing and implementing innovative nanogenerator technologies. He states that his research advances sustainable energy solutions by enhancing efficiency, durability, and recyclability of nanomaterials. He states that nanomaterials provide eco-friendly power sources for electricity generation, healthcare, and consumer electronics to reduce environmental waste and improve the longevity and reliability of energy harvesting devices in extreme conditions. Devices developed through his research, he states, will lead to enhancements in healthcare for rural populations, health emergency preparedness, and environmental disaster and infrastructure monitoring. He states that his research will lead to scalable, self-powered systems, with applications for oil extraction, telecommunications, and the agriculture industry.
SCOPS determined that the Petitioner's proposed endeavor has substantial me1it. SCOPS concluded, however, that the record did not establish the national imp01iance of his endeavor or that, on balance, it would be beneficial for the United States to grant a waiver of the job offer requirement.Did not show the waiver outweighs labor certification On appeal, the Petitioner reiterates previous assertions concerning his eligibility, stating that SCOPS dismissed certain evidence and made generic claims about what evidence demonstrated without folly analyzing it. Upon review, for the reasons discussed below, we conclude that the Petitioner has not sufficiently demonstrated the national imp01iance of his proposed endeavor under the first prong of the Dhanasar analytical framework.
The first prong, substantial merit and national importance, focuses on the specific endeavor that the individual proposes to unde1iake. 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.
In determining whether the proposed endeavor has national importance, we consider its potential prospective impact. Id. The relevant question is not the importance of the 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. In Matter ofDhanasar, we further noted that "we look for broader p. 3 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. If the evidence of record demonstrates that an individual's proposed endeavor has the significant potential to, for example, contribute to the advancement of a valuable technology or field of study, it may rise to the level ofnational importance. 2 Regarding an endeavor in the fields of science, technology, enginee1ing, or math (STEM), importance may be found in its contribution to U.S. competitiveness or security in a variety of circumstances, such as when it will help the United States remain ahead of strategic competitors or current and potential adversaries. 3
To provide context concerning the national impmtance of his proposed endeavor, the Petitioner submitted reports and articles discussing topics including energy consumption, government initiatives, and the applications of nanomaterials for renewable energy and regenerative medicine. He also provided documentation of his research, emphasizing that his proposed endeavor involves advanced engineering materials, advanced and networked sensing and signature management, and clean energy generation and storage-technologies identified as critical and emerging by the National Science and Technology Council (NSTC). These critical and emerging technologies, he stated, "are directly implicated in [his] proposed endeavor, thus demonstrating the considerable ramifications of this endeavor with respect to U.S. national security interests, a manifest demonstration of national importance . ..."
USCIS recognizes the impo1tance of progress in STEM fields and the essential role of persons with advanced STEM degrees, especially in focused critical and emerging technologies or other STEM areas important to U.S. competitiveness or national security.Argued the field's importance, not the endeavor's
I
These letters also detail the Petitioner's involvement in research projects using nanomaterials to advance clean energy harvesting and storage. One letter from an associate professor at thel __________ ___. describes the Petitioner's endeavor as "constitut[ing] transformative developments in the study of energy-harvesting technology" and states that, through his project, he "will facilitate U.S. leadership in nanotechnology and renewable energy, as well as facilitating job creation in energy harvesting and ensuring energy stability in rural and remote areas with challenging conditions." This and other similar statements in the letters of support express positive views of the Petitioner's work and its potential, but the letters do not discuss how his specific work has implications for advancements in rural energy or job creation in the energy industry on a broader scale.No broader implications shown While they depict the role of his work as part of continued scientific progress in understanding the potential uses of nanomaterials, they do not explain the prospective impact of his work in the field of nanotechnologies more broadly. A petitioner must suppo1t assertions with relevant, probative, and credible evidence. See Matter of Chawathe, 25 I&N Dec. at 376. And although the record demonstrates that the Petitioner has published research that has been utilized and cited by other researchers, it is not evident how the Petitioner's individual research contributions rise to the level of national importance.Citation record not persuasive
Matter ofDhanasar contemplates that an undertaking may have national importance "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. While we do not wish to diminish the value of the Petitioner's work in the field, he has not provided sufficient evidence to demonstrate that his research has contributed to a scientific advancement that will have broad implications for the use of nanomaterials in developing sources ofrenewable energy. The Petitioner submitted detailed descriptions of his research plans and identified a range of possible future applications for nanotechnology, and he emphasized that his research aspirations should not be conflated with his employment. It is not clear, however, how he would pursue his research while devoting time to employment that does not directly involve that research, nor is it clear how his research would be funded. Although these are considerations related to Dhanasar 's second prong, which concerns an individual's positioning to advance a proposed endeavor, they are relevant to evaluating an endeavor' s national impo1tance. Whether an endeavor can realistically be carried out is pertinent to an assessment of its potential positive effects for the nation. Here, the Petitioner has not addressed logistical factors necessary for a full appraisal of his proposed endeavor's prospective national impact.
The record conveys the national importance of continued collective research to investigate the possibilities that nanomaterials might offer for scientific and technological advancements. The record does not, however, clarify how the Petitioner's endeavor to continue his individual research will have a level of impact within his field on a scale commensurate with national importance. Again, it is not the proverbial value of the field in which an individual intends to work, but the particular endeavor an individual intends to pursue that we consider in assessing its national importance. Matter ofDhanasar, 26 I&N Dec. at 889.
The record does not establish the national importance ofthe proposed endeavor as required by the first prong of the Dhanasar precedent decision. Therefore, the Petitioner has not demonstrated eligibility for a national interest waiver. Because the identified reasons for dismissal are dispositive of the Petitioner's appeal, we decline to reach and hereby reserve remaining arguments concerning eligibility p. 5 under the Dhanasar framework. See INS v. Bagamasbad, 429 U.S. 24, 25 ( 1976) (stating that agencies are not required to make "purely advisory findings" on issues that are unnecessary to the ultimate decision). ill. CONCLUSION
The Petitioner has not demonstrated that the proposed endeavor has national importance. As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, he has not established that he is eligible for or otherwise merits a national interest waiver as a matter of discretion.