The Petitioner, a music instructor and musician, 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. § l 153(b)(2).
SCOPS denied the petition, concluding that while the Petitioner established eligibility for the EB-2 classification, the record did not demonstrate the Petitioner's eligibility for the requested national interest waiver. The matter is now before us on appeal. 8 C.F.R. § 103.3.
The Petitioner bears the burden of proof 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 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 United States academic or professional degree or a foreign equivalent degree above that of a bachelor's degree. A United States bachelor's degree or foreign equivalent degree followed by five years ofprogressive experience in the specialty is the equivalent of a master's degree. 8 C.F.R. § 204.5(k)(2).
Once a petitioner demonstrates eligibility for the underlying EB-2 classification, they must then establish that they merit 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 of Dhanasar, 26 l&N Dec. 884, 889 (AAO 2016), provides the framework for adjudicating national interest waiver petitions. Dhanasar states that U.S. Citizenship p. 2 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
The first Dhanasar prong, substantial merit and national importance, focuses on the specific endeavor that the individual proposes to undertake. The endeavor's merit 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. In determining whether the proposed endeavor has national importance, we consider its potential prospective impact. Id. We agree with the Director's conclusion that the Petitioner's proposed endeavor, aiming to improve the representation of diverse identities in orchestral music, has substantial merit. However, while the Petitioner established that the proposed endeavor has substantial merit, the record does not show it has national importance. To increase the representation of diverse identities in orchestral music, the Petitioner intends to amplify the voices of black, latinx, and female identifying composers by showcasing local and underrepresented composers. She also intends to perform, instruct and research music to advance her proposed endeavor of increasing the representation of diverse groups in orchestral music. The Petitioner is a teaching artist at a children's orchestra as well as an instructor for private students, and she disseminates her pedagogical research by speaking at conferences and she performs as a cellist and a vocalist.
On appeal, the Petitioner asserts that the Director erred in concluding that the Petitioner did not establish the national importance of her endeavor. Specifically, the Petitioner contends that the Director failed to identify the endeavor, did not consider the totality ofthe evidence submitted, leading to an inaccurate analysis of the national importance prong, and that on the balance it would be beneficial to the United States to waive the requirements ofa job offer, and thus ofa labor certification.Did not show the waiver outweighs labor certification The Petitioner contends that the record contains sufficient documentation, and that the information provided in the initial petition and in the request for additional evidence (RFE) establish the endeavor's national importance. The Petitioner relies on the assertions previously put forth before the Director but notably does not discuss the evidence in the record with specificity, nor does she explain how it supports her claims or otherwise overcomes the conclusions regarding the limited prospective impact of her endeavor. Unsupported assertions and speculation have no evidentiary value and are insufficient to establish a filing party has satisfied their burden of proof. See Matter of MariscalHernandez, 28 I&N Dec. 666, 673 (BIA 2022).
The Petitioner contends that her endeavor is nationally important and that it will have "life changing impacts with children in her school district." While we acknowledge the importance of music education, the Petitioner does not provide support for the assertion that her work will be life changing. Further, in determining national importance, the relevant question is not the importance ofthe industry or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 889. Although the Petitioner's statements reflect her intention to provide valuable services to students and those accessing her music and research, she has not provided sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance.
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. Dhanasar at 893. Here too, while we acknowledge that as the Petitioner asserts that she "enriches the lives of young students and breaks down racial disparities by providing an authentic opportunity to experience the joys and benefits ofmusic, while learning to play an instrument", she has not shown how her proposed endeavor stands to sufficiently extend beyond her students to lead to "national or even global implications" to the music field more broadly at a level commensurate with national importance. Id. at 889. Likewise, we recognize that the Petitioner's endeavor of disseminating rese~rch through presentations at organizations such ad _, berforming, and showcasingNo broader implications shown
Because the documentation in the record does not establish the national importance of the proposed endeavor as required by the first prong of the Dhanasar precedent decision, the Petitioner has not demonstrated eligibility for a national interest waiver. Further analysis ofthe Petitioner's eligibility under the second and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose. 2
Conclusion
As the Petitioner has not met the requisite first prong ofthe Dhanasar analytical framework, we conclude the Petitioner has not demonstrated eligibility for or otherwise merits a national interest waiver as a matter of discretion
ORDER: The appeal is dismissed.