dismissed EB-2 NIW Case: Digital Marketing

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JAN. 08, 2025 In Re: 31090591 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an entrepreneur, 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. § 1153(b )(2). 
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner 
established that he was an advanced degree professional, but had not demonstrated that a waiver of 
the required job offer, and thus of the labor certification, would be in the national interest. Specifically, 
the Director found that the nature of Petitioner's proposed endeavor was unclear and that the Petitioner 
had not submitted consistent, detailed, and corroborating evidence such that he could establish that his 
proposed endeavor has substantial merit or was of national importance. 
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. 
On appeal, the Petitioner asserts that he has established eligibility for the national interest waiver. 
Among other arguments, he claims that his proposed endeavor to pursue a career as a digital marketing 
specialist in the United States has substantial merit and national importance. He contends that his 
academic background and past professional experience make him well-positioned to contribute to the 
marketing field, which he contends is key to modem business success and would significantly benefit 
the United States. The Petitioner additionally states that his long-term vision is to establish his own 
digital marketing agency. He argues that this is an entrepreneurial endeavor and aligns with broader 
national goals of fostering innovation and entrepreneurship. 
Regarding the issue of whether the Petitioner 's proposed endeavor has national importance, we adopt 
and affirm the Director's decision. See Matter of Burbano, 20 l&N Dec. 872, 874 (BIA 1994); see 
also Giday v. INS, 113 F.3d 230, 234 (D.C. Cir. 1997) (noting that the practice of adopting and 
affirming the decision below "is not only common practice, but universally accepted"). 
As a general matter, an appeal must specifically identify any erroneous conclusion of law or statement 
of fact in the unfavorable decision. See 8 C.F.R. § 103.3(a)(l)(v). Here, the Petitioner has not 
addressed specific deficiencies in the Director's denial aside from asserting his eligibility for the 
requested petition. 
Furthermore, we agree with the Director that the evidence in the record does not sufficiently describe 
a cognizable endeavor. The term "endeavor" is more specific than the general occupation; a petitioner 
should offer details not only as to what the occupation normally involves, but what types of work the 
person proposes to undertake specifically within that occupation. See generally 6 USCIS Policy 
Manual F.5(D)(l), https://www.uscis.gov/policy-manual. Simply being employed in an occupation 
does not constitute an endeavor for the purposes of these proceedings. Id. 
Because the identified basis for denial is dispositive of the Petitioner's appeal, we need not reach, and 
therefore reserve, the remaining eligibility requirements for the requested national interest waiver. 
See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (per curiam) (holding that agencies are not required 
to make "purely advisory findings" on issues that are unnecessary to the ultimate decision). 
ORDER: The appeal is dismissed. 
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