The Petitioner, an airline pilot, seeks employment-based second preference (EB-2) immigrant classification as an individual of exceptional ability, 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. § 1l 53(b )(2).
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualified for EB-2 classification as an individual of exceptional ability and 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 dismiss the appeal.
Law
To qualify for the underlying EB-2 visa classification, petitioners must establish they are advanced degree professionals or individuals 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
A. EB-2 Classification
The Director determined the Petitioner was not eligible for EB-2 classification as a member of the professions holding an advanced degree or an individual of exceptional ability. As the Petitioner is not eligible for a national interest waiver for the reasons discussed below, we do not reach and hereby reserve our determination of his eligibility for EB-2 classification. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (stating 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 ofL-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).
B. Substantial Merit and National Importance
The first Dhanasar prong, substantial merit and national importance, focuses on the specific endeavor that the individual 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. Id. The Petitioner stated his proposed endeavor was to work as an airline pilot and "to contribute to aviation companies by harmonizing aviation's technical and administrative aspects by acting as a Captain that bridges the perspectives of flight crews and management, offering a holistic approach to addressing the industry's challenges." The Petitioner explained he would primarily work as a Line Captain and would also serve as an instructor. The Director determined the Petitioner's proposed endeavor has substantial merit. We agree.
In determining whether the proposed endeavor has national importance, we consider its potential prospective impact. Id. This consideration may include whether the proposed endeavor has significant potential to employ U.S. workers (particularly in an economically depressed area), has other substantial positive economic effects, has national or even global implications within the field, or has other broader implications indicating national importance. Id. at 889-90. The Director determined the Petitioner did not establish that his proposed endeavor would have substantial positive economic effects or broader implications in his field commensurate with national importance.No broader implications shown
On appeal, the Petitioner asserts the Director erred and his proposed endeavor has national importance. The Petitioner claims his proposed endeavor will have substantial economic effects based on the total ticket costs and federal exercise taxes ofthe flights he pilots each year, which he projects to be $10,098, 042 in ticket revenue the first year increasing to $11,881,309 in the fifth year, and $757,353 in taxes the first year increasing to $891,098 in the fifth year. The Petitioner has not demonstrated, however, that these revenue and tax projections are significantly high for the airline industry or otherwise indicate positive economic effects commensurate with national importance. The Petitioner also claims his proposed endeavor will generate jobs for crew members, projecting 1,092 jobs the first year p. 3 increasing to 1,428 jobs in the fifth year. However, the Petitioner has not established how, as an airline pilot, he would be responsible for employing crew members rather than the airlines for which he works. The Petitioner further asserts that his cargo transportation will have a significant economic impact by transporting a projected 17,000 tons the first year increasing to 25,000 tons in the fifth year. The Petitioner does not demonstrate that his projected cargo transport is significantly high in the aviation industry or otherwise would have a positive economic effect on a level indicative of national importance.
The Petitioner also claims he can significantly contribute to the U.S. aviation industry by focusing on comprehensive safety analysis and proactive risk management. The Petitioner does not establish that his safety analysis and risk management are unique or innovative methods or otherwise have national or even global implications for his field. See id. at 889. ( discussing improved manufacturing processes or medical advances as examples of national or even global implications within a particular field). The Petitioner further asserts his proposed endeavor has national importance through pilot training and emergency preparedness, optimizing flight operations, training programs, adoption of green technologies, aviation security and safety, integrating advanced aviation technologies, and impact on ancillary industries. The Petitioner does not articulate how these aspects of his work would extend beyond his clients, passengers, and trainees to impact his field more broadly in a manner indicative of national importance. See id. (explaining "we look for broader implications").
The Petitioner submitted a letter from T-S- 2, Coordinator and Lecturer, expressing his opinion that the Petitioner qualifies for a national interest waiver. T-S- summarizes the Petitioner's proposed endeavor and asserts it has national importance because it will positively impact societal welfare by focusing on safety, efficiency, innovation, workforce development, and environmental considerations. T-S- does not articulate how the Petitioner's work in these areas would extend beyond the airlines he would work for, his passengers and his trainees. 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. Here, the Petitioner has not established how his proposed endeavor would impact his field more broadly in a manner commensurate with national importance. T-S- further asserts the Petitioner's proposed endeavor impacts a matter that a government entity has described as having national importance or is the subject of national initiatives. However, T-S- does not identify any government entity or national initiative impacted by the Petitioner's proposed endeavor. T-S- also claims the Petitioner's proposed endeavor will have a significant and positive impact on the U.S. economy by addressing the pilot shortage, offering training programs, engaging in ferry flight operations, embracing innovation and technology, and streamlining operations. T-S- does not explain how the Petitioner's work in these areas would extend beyond the airlines or companies he would work for and his trainees to impact his field more broadly at a level indicative of national importance.
The Petitioner also submitted support letters from past employers and colleagues. S-Q- describes the Petitioner as "a catalyst for positive change and progress in various spheres of national interest" including "advanced education and training, technological innovation, international cooperation, industry advocacy, and economic growth." S-Q- does not explain, however, how the Petitioner's work 2 We use initials to protect the privacy of the referenced individuals. p. 4 as a pilot would extend beyond the airlines, passengers, and trainees he would work with to impact his field more broadly. E-C- praises the Petitioner's skills, experience, and past work for his airline company, but does not discuss the Petitioner's proposed endeavor. L-T- commends the Petitioner's past work and skills and opines that his "exemplary career as a pilot and his global approach to aviation safety make him an asset for contributing to the national interests of the United States," but L-T- does not specify how the Petitioner's proposed endeavor would broadly impact his field in a manner indicative ofnational importance. M-F- praises the Petitioner's past work and states his "multifaceted experience in commercial aviation and his proficiency in handling cargo qualify him as a highly relevant asset to the economy and society in the United States," but M-F- does not explain how the Petitioner's proposed endeavor would extend beyond the airlines or companies he would work with to impact his field more broadly. S-K- commends the Petitioner's past work and skills and opines that "his dedication to safety, mentorship, and cross-cultural collaboration exemplify qualities that align with the US national interest," but does not discuss any potential prospective impact ofthe Petitioner's proposed endeavor.
The Petitioner also submitted reports and articles on various issues affecting the aviation industry. Our assessment of national importance does not focus on the importance of a field or industry in general, but instead "focuses on the specific endeavor that the foreign national proposes to undertake."Proposed endeavor too vague Id. at 889. The reports and articles do not discuss the Petitioner's proposed endeavor and are not probative of whether his proposed endeavor has national importance.
In sum, the record does not establish that the Petitioner's company has significant potential to employ U.S. workers (particularly in an economically depressed area), has other substantial positive economic effects, has national or even global implications within his field, or has other broader implications indicating national importance. Consequently, the Petitioner does not meet the first Dhanasar prong. C. The Remaining Dhanasar Prongs
The Petitioner has not established the national importance of his specific proposed endeavor and he does not meet the first prong of the Dhanasar framework. As this issue is dispositive of the Petitioner's appeal, we decline to reach and hereby reserve determination of his eligibility under the second and third prongs of the Dhanasar framework. See INS v. Bagamasbad, 429 U.S. at 25; see also Matter ofL-A-C-, 26 I&N Dec. at 526 n.7.
Conclusion
The Petitioner has not established the national importance of his proposed endeavor and does not meet the first prong of the Dhanasar analytical framework. Consequently, he has not demonstrated that he is eligible for or merits a waiver of the job offer requirement in the national interest as a matter of discretion.
ORDER: The appeal is dismissed.