dismissed EB-2 NIW Case: Film And Animation

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 27, 2024 In Re: 35359710 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner seeks employment-based second preference (EB-2) immigrant classification as a 
member of the professions holding an advanced degree or as an individual of exceptional ability, 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 ofthe 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. The matter is now before us on appeal. 
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 Christa's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
I. 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 
• On balance, waiving the job offer requirement would benefit the United States. 
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). 
II. ANALYSIS 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree. The remaining issue to be determined is whether the Petitioner has established that a waiver of 
the requirement of a job offer, and thus a labor certification, would be in the national interest. For the 
reasons discussed below, we conclude that the Petitioner has not sufficiently demonstrated the national 
importance of his proposed endeavor under the first prong of the Dhanasar analytical framework. 
With respect to his proposed endeavor, the Petitioner indicated that he intended to continue to work as a 
film and animation director producing meaningful cultural and educational content. He stated that his 
plan includes: 
1. Establishing a U.S. Branch of Creating a U.S. branch of 
will be a pivotal cultural hub, fostering a unique synthesis of Eastern 
and Western artistic perspectives. This venture will not only generate local 
employment opportunities but also invigorate the U.S. film and animation industry 
with fresh, diverse narratives. We plan to establish our headquarters in a culturally 
vibrant city like which are already thriving film industry 
centers. By integrating advanced technologies such as virtual reality and augmented 
reality in storytelling, we aim to offer groundbreaking experiences in entertainment 
and education. Collaborations with American universities for internships and 
educational programs will be initiated to cultivate young talent and provide practical 
training in cross-cultural film production. 
2. Forming Partnerships with Local U.S. Companies: Our strategy includes forming 
strategic alliances with U.S. Companies specializing in media, technology, and 
education. These partnerships will facilitate a two-way cultural exchange, introducing 
American audiences to rich Asian cultural narratives while integrating American 
storytelling techniques and themes into our productions. By collaborating with U.S. 
tech firms, we can incorporate cutting-edge technology in animation and film 
production, ensuring that our content remains at the forefront of innovation. 
Furthermore, partnerships with educational institutions will allow us to create content 
that is not only culturally enlightening but also aligned with academic curricula, 
benefiting school and university students across the U.S. 
3. Producing an Expanded Range of Cultural and Educational Content: Our expanded 
content portfolio will include a variety of genres, such as animated series, 
documentaries, feature films, and educational programming, all tailored to resonate 
with both global and American audiences. We will focus on themes that promote 
universal values such as empathy, resilience, and environmental stewardship, bridging 
cultural gaps and fostering international understanding. Particular emphasis will be 
placed on creating inclusive content representing the diverse American demographic, 
ensuring that all communities see themselves reflected in our narratives. Additionally, 
we plan to host cross-cultural film festivals and workshops, inviting American and 
international filmmakers to collaborate, share ideas, and create content that celebrates 
diversity and promotes mutual understanding. 
2 
In response to the Director's request for evidence (RFE), the Petitioner provided a statement indicating: 
I recently established a U.S. branch of my Taiwanese company - _____ 
Through this new entity, I will collaborate closely with U.S. media companies and 
production companies to make more culturally enriching films and TV series. 
Specifically, I've already formed actionable plans with my U.S. partners regarding the 
following two significant projects where I will serve as the director and my U.S. company 
will be the co-producer. 
The Petitioner's statement also listed two projects: (television series) 
andI I(feature film). In addition, he provided 
Internal Revenue Service Employer Identification Number. 
A. 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. Dhanasar, 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 Director determined the Petitioner's proposed endeavor has substantial 
merit. We agree. 
The Director concluded, however, that the Petitioner did not establish the national importance of his 
proposed endeavor. In determining whether the proposed endeavor has national importance, we 
consider its potential prospective impact. Id. at 889. 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 the potential prospective impact of 
his company and its services. 
On appeal, the Petitioner asserts that his proposed endeavor is "to continue to create culturally 
enriching contents, namely films and TV series." He contends that the Director "disregarded the 
cultural aspect of his endeavor" and focused mainly on his undertaking's "potential to create jobs." 
Regarding the Petitioner's establishment ofl the Director stated the Petitioner had not 
shown that his proposed endeavor has "significant potential to employ U.S. workers" or otherwise 
stands to "reach the level of' substantial positive economic effects."' The Director also indicated that 
the Petitioner had not demonstrated his undertaking would "impact the field, industry or the U.S. 
economy more broadly at a level commensurate with national importance." 
The Petitioner states thatl I "is simply a vehicle to facilitate [the Petitioner's] content 
creation and movie/TV directing activity." He indicates that his company "has already entered into 
collaboration agreements with two U.S. companies" and points to a "Cooperation Proposal" with D 
!reflecting interest in engaging services. In addition, the 
Petitioner submits a "Letter of Intent for Collaboration" between 
regarding their "production and collaboration on the television series titled ____ 
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I 
2 He asserts that I I is more than just a television series 
- it is a culturally enriching initiative that bridges eastern and western philosophies, offering profound 
insights into health, family dynamics, and community wellness." The Petitioner, however, has not 
provided evidence demonstrating that his proposed projects would affect U.S. cultural interests on such 
a scale as to rise to a level of national importance. It is insufficient to claim an endeavor has national 
importance or would create a broad impact without providing evidence to substantiate such claims. 
The appellate submission includes the Petitioner's business plan for 
I I This business plan provides information about the project, a brief market analysis, s, 
budget forecasts and projections, marketing and distribution strategies, a risk assessment, and a 
staffing description. Regarding future staffing, the Petitioner's business plan anticipates that the 
project "will employ over 35 professionals," but he did not elaborate on this projection or provide 
evidence supporting the need for these personnel. Furthermore, while his plan offers a 'Total Project 
Budget" of $4,480,000, it is not supported by details indicating how the project will be funded. 
As for the job creation and economic effects that the Petitioner asserts his proposed endeavor will offer, 
the record does not contain sufficient supporting evidence. The preponderance of the evidence standard 
requires the evidence demonstrate that the petitioner's claim is probably true, where the determination of 
truth is made based on the factual circumstances of each individual case. Matter of Chawathe, 25 I&N 
Dec. at 376. In evaluating the evidence, truth is to be determined not by the quantity of evidence alone 
but by its quality. See id. Here, lack of supporting details and evidence detracts from the credibility and 
probative value of the Petitioner's claim regarding job creation or other substantial positive economic 
effects. 
The Petitioner also provided an "Expert Opinion Letter" from Dr. G-H-, Dean for the I___ 
in support of his national interest waiver. Dr. G-H- contends that 
the Petitioner's "[p]roposed endeavor has national or even global implications" because it "will 
inherently help people find work and present the opportunity to expand economic growth not only at 
the national level but the international level." Dr. G-H- further claims that the Petitioner's undertaking 
"has significant potential to employ U.S. workers or has other substantial positive economic effects, 
particularly in an economically depressed area." Dr. G-H- asserts that the Petitioner's proposed 
endeavor "will employ people" and that "positions across several fields are required, and inherently 
encourages hiring professionals across several industries." The Petitioner does not, however, identify 
any specific underserved region that his company will serve or otherwise detail how his project stands 
to have a significant economic impact. The Petitioner's business plan anticipates employing over 35 
professionals, but even with this number of employees, the record does not indicate that the 
Petitioner's endeavor offers broader economic implications, would employ a substantial number of 
U.S. workers, or otherwise provides substantial positive economic effects. See Dhanasar, 26 I&N Dec. 
at 890. 
In addition, Dr. G-H- states that the Petitioner's proposed work is of national importance because his 
generic occupation of film and animation director and the industry in which he works stand to enhance 
2 Factors such as the interest of project collaborators or progress towards achieving the proposed endeavor 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 the Petitioner proposes to undertake has national importance 
under Dhanasar's first prong. 
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"artistic and cultural enrichment" and to support "the Biden Administration's Executive Order on 
Promoting the Arts, the Humanities, and Museum and Library Services." The issue here, however, is 
not the national 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." Id. 
at 889. The letter from Dr. G-H- does not contain sufficient information and explanation, nor does the 
record include adequate corroborating evidence, to show that the Petitioner's specific proposed work 
stands to broadly enhance cultural and artistic enrichment or to provide substantial positive economic 
effects for our nation that rise to the level of national importance. 
The Petitioner argues on appeal that his "proposed endeavor is culturally significant and enriching" 
and that he "has a proven track record of creating cultural contents." He points to his previous work 
on the !animation series and other past projects such as ________ The 
Petitioner 's prior work in his field, however, relates 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. 
To evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement 
we look to evidence documenting the "potential prospective impact" of his work. Id. at 889. While 
the Petitioner's statements reflect his intention to engage in television and film projects and to produce 
culturally enriching content, he has not offered sufficient infonnation and evidence to demonstrate 
that the prospective impact of his 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. Id. at 893. Here, we 
conclude the Petitioner has not shown that his proposed endeavor stands to sufficiently extend beyond 
his company and its film and television projects to impact his field, the U.S. film and animation 
industry, our nation's cultural or artistic enrichment, or our country' s economy more broadly at a level 
commensurate with national importance. 
Furthermore, the Petitioner has not shown 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. Specifically, he has not demonstrated that his artistic projects' future staffing levels and 
business activity stand to provide substantial economic benefits in the region where his company will 
operate or in other parts of the United States. While the Petitioner claims that his proposed endeavor 
will contribute to U.S. economic growth, he has not presented evidence indicating that the benefits to the 
regional or national economy resulting from his undertaking would reach the level of"substantial positive 
economic effects" contemplated by Dhanasar. Id. at 890. In addition, although the Petitioner asserts 
that his endeavor stands to generate jobs for U.S. workers, he has not offered sufficient evidence that his 
endeavor offers any specific region or the United States a substantial economic benefit through 
employment levels or business activity. 
The Petitioner has not established that his 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. 
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B. The Remaining Dhanasar Prongs 
Because the documentation in the record does not establish the national importance of his proposed 
endeavor as required by the first prong of the Dhanasar precedent decision, the Petitioner has not 
demonstrated eligibility for a national interest waiver. As this issue is dispositive of the Petitioner's 
appeal, we need not reach, and therefore reserve, determination of his eligibility under the second and 
third prongs of the Dhanasar framework. 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). 
III. CONCLUSION 
As the Petitioner has not met the 
requisite first prong of the Dhanasar analytical framework, we conclude 
that he has not established he is eligible for or otherwise merits a national interest waiver as a matter 
of discretion. The appeal will be dismissed for the above stated reasons, with each considered as an 
independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
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