dismissed EB-2 NIW Case: Education Marketing

U.S. Citizenship 
and Immigration 
Services 
In Re: 22144797 
Motion on Administrative Appeals Office Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 17, 2022 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, an "admission and marketing director" and a "marketing scholar specialist," seeks 
second preference 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). 
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualified 
for classification as a member of the professions holding an advanced degree, but that he had not 
established that a waiver of the required job offer, and thus of the labor certification, would be in the 
national interest. We subsequently dismissed his appeal. The matter is now before us on a combined 
motion to reconsider and motion to reopen. 
In these proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit 
sought. Section 291 of the Act, 8 U.S.C. § 1361. Upon review, we will dismiss the motions. 
I. LAW 
The regulation at 8 C.F.R. § 103.5(a)(l)(i) limits U.S. Citizenship and Immigration Services' (USCIS) 
authority to reopen or reconsider to instances where an applicant has shown "proper cause" for that 
action. Thus, to merit reopening or reconsideration, an applicant must not only meet the formal filing 
requirements at 8 C.F.R. § 103.5(a)(l)(iii) (such as submission of a properly completed and signed 
Form 1-290B, Notice of Appeal or Motion, with the correct fee), but also show proper cause for 
granting the motion. Specifically, a motion to reopen must state new facts and be supported by 
documentary evidence. 8 C.F.R. § 103.5(a)(2). A motion to reconsider must establish that our 
decision was based on an incorrect application of law or policy and that the decision was incorrect 
based on the evidence in the record of proceedings at the time of the decision. § 103.5(a)(3). In these 
proceedings, it is the applicant's burden to establish by a preponderance of the evidence eligibility for 
the requested benefit. Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 2010). 
II. ANALYSIS 
In dismissing the appeal, we determined that the Petitioner did not establish the national importance 
of his proposed endeavor under the first prong of the Dhanasar analytical framework. 1 See Matter of 
Dhanasar, 26 I&N Dec. 884 (AAO 2016) (stating that USCIS may, as a matter of discretion, grant a 
national interest waiver if the petitioner demonstrates that the proposed endeavor has both substantial 
merit and national importance). The first prong focuses on the specific endeavor that the foreign 
national 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. In determining 
whether the proposed endeavor has national importance, we consider its potential prospective impact. 
As discussed in our prior decision, the Petitioner initially indicated that he intended to continue his career 
in the education of "admissions and marketing process." He claimed that his proposed endeavor was 
"focused on getting more and more nationals or American residents to achieve their professional and 
personal goals, thus achieving that the United States obtain professionals prepared in different areas of 
the education, economy, culture and business." In response to the Director's request for evidence, the 
Petitioner stated: 
As Director of Admissions and Marketing my effort is not only to comply with the 
requirements established by the Department of Education or by the Government, my effort 
is directed to the benefit of the student (professional and personal objectives), that of the 
education institution (social objectives and economics) in which I am working, society 
and therefore the country in general generating skilled labor, sustained growth of the 
economy and generating new professionals with potential in culture, art and business. 
The Petitioner further indicated that he is currently employed by luniversityl I and 
that his work involves restructuring "the admission process for the purpose of a tripartite benefit 
(individual-society-country)." He explained that his process includes creating concepts for his institution 
that encourage prospective students to engage in "some type of study that will improve their future." In 
addition, the Petitioner asserted that his proposed work is aimed at making students "understand that in 
order to have a better future, academic preparation is important. I am continually looking to create or be 
in those spaces between the community and my admissions department that generate that feeling of 
improvement in the person." The Petitioner also noted that his undertaking involved interviewing student 
prospects and ensuring that enrollment meets their needs. Furthermore, he stated that his work entailed 
restructuring the admissions process to benefit prospective students in accordance with "the 
characteristics of the educational institution." Finally, the Petitioner indicated that his proposed endeavor 
included ensuring that students complete their academic requirements, creating admission forms, and 
serving as a reference for students. 
In his appeal brief, the Petitioner asserted that his proposed "work in the United States as a Marketing 
Scholar Specialist" is aimed at "procuring the enrollment of a major number of international students as 
possible for the benefit of the United States institutions of higher learning economy." He contended that 
1 Because the Petitioner did not meet the first prong, we did not analyze any other eligibility grounds under the Dhanasar 
precedent decision. See INS v. Bagamasbad, 429 U.S. 24, 25-26 (1976) stating that, like courts, federal agencies are not 
generally required to make findings and decisions unnecessary to the results they reach); see also Matter of L-A-C-, 26 
I&N Dec. at 516, n. 7 (BIA 2015) ( declining to reach alternative issues on appeal where an applicant is otherwise ineligible). 
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revenues from institutions of higher learning play "a fundamental role in the economy of the United 
States" and that "international students contributed $45 billion to the U.S. economy in 2018 ." The 
Petitioner also argued that decreased foreign student enrollment at U.S. colleges and universities 
attributable to the COVID-19 pandemic "could spell trouble for the financial health of the nation 's higher 
education institutions " and placed "thousands of American jobs" at risk. Additionally , he pointed to U.S. 
travel restrictions and declining international student enrollment and claimed that his undertaking 
involved "enrolling foreign students into the national education system for the benefit of the United States 
higher institutions ' economy ." The Petitioner concluded that his proposed endeavor has national 
importance because it "will help maintain an important sector of the American economy" and preserves 
"a lot of job position[s] currently jeopardized by the present pandemic ." 
In dismissing his appeal , we determined that while the Petitioner's statements reflected his intention 
to provide valuable student admission and marketing services for his university , he did not offer 
sufficient information and evidence to demon strate that the pro specti ve impact of his proposed 
endeavor rose to the level of nation al 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. Id. at 893. Furthermore , we concluded the record did not show that 
the Petitioner 's proposed endeavor stood to suffic iently extend beyond his university and its future 
students to impact the field or the U.S . econom y more broadly at a level commensurate with national 
importance. An 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. The Petitioner did not establish that the specific 
endeavor he proposed to undertake had significant potential to employ U.S. workers or otherwise 
offers substantial positive economic effects for our nation . Without sufficient information or evidence 
regarding any projected U.S. economic impact or job creation attributable to his future work , the record 
did not reflect the benefits to the U.S. regional or national economy resulting from the Petitioner 's 
admissions and marketing projects would reach the level of "substantial positive economic effects" 
contemplated by Dhanasar. Id. 
On motion , the Petitioner claim s: 
[His] proposed endeavor is targeted to a very particular field, strongly affected by virtue 
of the pandemic. This particular field comprehends United States Education 's 
Economy derived by international students. To achieve this endeavor, [the Petitioner] 
seeks to work in the United States as a Marketing Scholar Specialist procuring the 
enrollment of a major number of international students as possible for the benefit of 
the United States Institutions of higher learning economy ; not only at I but for a 
myriad of client s he has been working with very strongly through his own business 
known as as part of his past 
experience here in the United State s .... 
It is of that level of importance for the United States economy, that the Department of 
Homeland Security [DHS] posted as part of its news release in January 21 , 2022 few 
days after the last adverse decision , important information Expanding Opportunities in 
the U.S. for STEM Professionals adding "Twenty-Two New Fields of Study and Takes 
Additional Steps to Attract Critical STEM Talent"; among which is financial analytics 
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field of studies of the [Petitioner] through his advanced degree obtained in Colombia 
The Petitioner also provides the DHS press release referenced above entitled, "DHS Expands 
Opportunities in U.S. for STEM Professionals," reflecting: 
[DHS] today announced 22 new fields of study have been added to the STEM Optional 
Practical Training (OPT) program to enhance the contributions of nonimmigrant 
students studying in the fields of science, technology, engineering, and mathematics 
(STEM), and support the growth of the U.S. economy and innovation. 
The STEM OPT program permits F-1 students earning bachelor's, master's, or doctoral 
degrees in certain STEM fields to remain in the United States for up to 36 months to 
work in their field of study. Adding 22 fields of study will ensure the U.S. economy 
benefits from students earning degrees in the United States in competitive STEM fields 
Certain noncitizens with an advanced degree or exceptional ability can self-petition for 
employment-based immigrant visa classification, without testing the labor market and 
obtaining certification from the Department of Labor, if USCIS determines the waiver 
of the labor market test be in the national interest. The updated guidance clarifies how 
to use the program, making it easier for noncitizens with needed skills, such as STEM 
graduates and entrepreneurs, to embark on a pathway to obtain lawful permanent 
resident status in the United States. 
The record reflects that the Petitioner received a master of science degree in business administration 
- business intelligence and analytics from I (United States). Furthermore, the 
Petitioner submitted an evaluation report froml I. regarding his prior 
education in Colombia. Specifically, the evaluation determined that the Petitioner received an 
equivalent of a U.S. bachelor of science degree in accounting from the _________ 
and an equivalent of completion of 28 semester credit hours of graduate study in financial 
management from I I University I I Although the Petitioner 
claims that he received an advanced degree in Colombia, the evaluation report does not support his 
assertion. The report does not conclude that the Petitioner received an advanced degree in Colombia; 
rather, the report only indicates that the Petitioner completed credit hours of graduate study. 
Regardless, the issue is not whether the STEM field relates to the Petitioner's advanced degree but 
whether the STEM field relates to the proposed endeavor. See 6 USCIS Policy Manual F.5(D)(2), 
https://www.uscis.gov/policymanual (stating that with respect to the first prong, as in all cases, the 
evidence must demonstrate that a STEM endeavor has both substantial merit and national importance). 
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The Petitioner further claims that his financial management studies fall within financial analytics and 
business analytics, two of the newly expanded STEM fields, and references their definitions from 87 
FR§3317: 
Business Analytics (30.7102). A program that prepares individuals to apply data 
science to solve business challenges. Includes instruction in machine learning, 
optimization methods, computer algorithms, probability and stochastic models, 
information economics, logistics, strategy, consumer behavior, marketing, and visual 
analytics. 
Financial Analytics (30.7104). A program that focuses on financial big data modeling 
from algorithms to cloud-based data-driven financial technologies. Includes 
instruction in financial analytics, financial data processing, knowledge management, 
data visualization, effective decision communication, machine learning for finance, 
statistical inference and dynamic modeling on financial data, and project management. 
As indicated above, the Petitioner has described himself as an "admission and marketing director" and 
a "marketing scholar specialist." In addition, the Petitioner's proposed endeavor involves recruiting 
prospective students, assisting in the admission process, and marketing services for his employer. 
However, the Petitioner did not demonstrate how his proposed endeavor involves business or financial 
analytics. He did not show that his proposed endeavor involves, for example, preparing individuals 
to apply data science to solve business challenges or focusing on financial big data modeling from 
algorithms to cloud-based data-driven financial technologies. Nor did he establish that any of the 
business or financial analytical examples fall within his endeavor of admission and marketing of 
prospective students. Although the Petitioner submits a recommendation letter froml I I I claiming that it "analyzes the competencies and professional skills the [Petitioner] has in a 
broad sense and the expert also states the skills that are suitable with STEM professions or exceptional 
abilities," the letter does not explain how the Petitioner's proposed endeavor falls within the STEM 
fields of business analytics or financial analytics. 
Furthermore, even if his endeavor involved either business analytics or financial analytics, which the 
Petitioner did not show, the fact that his endeavor falls within a STEM field does not automatically 
show eligibility for a national interest waiver. Specifically, the STEM endeavor must have both 
substantial merit and national importance in respect to the first prong of Dhanasar. 6 USCIS Policy 
Manual, supra, at F.5(D)(2). Many proposed endeavors that aim to advance STEM technologies and 
research, whether in academic or industry settings, not only have substantial merit in relation to U.S. 
science and technology interests, but also have sufficiently broad potential implications to demonstrate 
national importance. Id. On the other hand, while proposed classroom teaching activities in STEM, 
for example, may have substantial merit in relation to U.S. educational interests, such activities, by 
themselves, generally are not indicative of an impact in the field of STEM education more broadly, 
and therefore generally would not establish their national importance. Id. 
In addition, for the first time, the Petitioner now claims that he will also be a marketing scholar 
specialist for his own business, and submits an "Executive 
Summary" claiming that the business "offers rural educational centers with programs to efficiently 
increase individual enrollment in the community by applying data science and financial models to 
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institutions" and "[ o ]ur services include promoting efficiency in admissions processes and procedures 
(local and international students), educational marketing strategies and marketing plans." 2 In addition, 
he provides invoices for his business. We will not consider new eligibility claims or evidence for the 
first time that was not presented before the Director. See Matter of Soriano, 19 I&N Dec. 764, 766 
(BIA 1988) (providing that if "the petitioner was put on notice of the required evidence and given a 
reasonable opportunity to provide it for the record before the denial, we will not consider evidence 
submitted on appeal for any purpose" and that "we will adjudicate the appeal based on the record of 
proceedings before the . .. director"); see also Matter of Obaigbena, 19 I&N Dec. 533 (BIA 1988). 
Moreover, a petition cannot be approved at a future date after the petitioner becomes eligible under a 
new set of facts. Matter of Izummi, 22 I&N Dec. 169, 175 (Comm'r 1988). That decision further 
provides, citing Matter of Bardouille, 18 I&N Dec. 114 (BIA 1981 ), that USCIS cannot "consider 
facts that come into being only subsequent to the filing of a petition." Id. at 176. 
Notwith standing the above, the Petitioner 's endeavor remains the same in that he intends to assist in 
the admission of students and the marketing of educational services, either at or at his own 
business. For these same reasons discussed in our prior decision and indicated above, the Petitioner 
has not shown the national importance of his endeavor. The Petitioner has not demonstrated that his 
proposed endeavor stands to suffi ciently extend beyond his university, his company, or future students 
to impact the field or the U.S. economy more broadly at a level commensurate with national 
importance. Moreover, the Petitioner has not established that the specific endeavor he proposes to 
undertake has significant potential to employ U.S. workers or otherwise offers substantial positive 
economic effects for our nation. Without sufficient information or evidence regarding any projected 
U.S. economic impact or job creation attributable to his future work, the record does not reflect the 
benefits to the U.S. regional or national economy resulting from the Petitioner's admissions and 
marketing projects would reach the level of "substantial positive economic effects" contemplated by 
Dhanasar. Id. at 890. 
Because he has not established that our prior decision was based on an incorrect application of law or 
policy, the Petitioner has not met the requirements for a motion to reconsider. Furthermore, the 
Petitioner's new facts and evidence does not demonstrate the national importance of his proposed 
endeavor. 
2 We note that the Petitioner continues to argue the recent decrease in international student enrollment at U.S. universities, 
the recent decline in international student economic value to the United States, and the drop in foreign enrollment at U.S. 
colleges due to the COVID-19 pandemic. Again, as discussed in our previous decision, we determined that these factors 
contributed to the substantial merit of the Petitioner's proposed 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." See Dhanasar, 26 I&N Dec. at 889. Further, 
the Petitioner submits and updated list of students he claims to have enrolled at universities where he has worked and 
presents additional recommendation letters. As addressed in our prior decision, the Petitioner's previous work recruiting 
students and his effectiveness as an admissions director do not address the national importance of his proposed endeavor. 
The Petitioner's knowledge, skills, and experience in his field relate to the second prong of the Dhanasar framework, 
which "shifts the focus from the proposed endeavor to the foreign national." Id. at 890. The issue here is whether the 
specific endeavor that he proposes to undertake has national importance under Dhanasar 's first prong. 
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III. CONCLUSION 
The Petitioner has not shown that we erred as a matter of law or USCIS policy in our prior decision, 
nor has he established new facts that would warrant reopening of the proceedings. Consequently, we 
have no basis for reconsideration or reopening of our appellate decision. The Petitioner's appeal 
therefore remains dismissed, and his underlying petition remains denied. 
ORDER: The motion to reconsider is dismissed. 
FURTHER ORDER: The motion to reopen is dismissed. 
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