dismissed EB-2 NIW Case: Marketing

U.S. Citizenship 
and Immigration 
Services 
In Re : 17945408 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 23, 2021 
Form I-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner , a marketing manager, seeks second preference immigrant classification as a member 
of the professions holding an advanced degree and 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 of the Texas Service Center denied the petition, concluding that the Petitioner had not 
established that a waiver of the required job offer, and thus of the labor certification, would be in the 
national interest. 
On appeal, the Petitioner offers previously submitted documentation and a brief asserting that he is 
eligible for a national interest waiver. 
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 de novo review, we will dismiss the appeal. 
I. 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. Because this classification requires that the 
individual's services be sought by a U.S. employer, a separate showing is required to establish that a 
waiver of the job offer requirement is in the national interest. 
Section 203(b) of the Act sets out this sequential framework: 
(2) Aliens who are members of the professions holding advanced degrees or aliens of 
exceptional ability. -
(A) In general. - Visas shall be made available . .. to qualified immigrants who are 
members of the professions holding advanced degrees or their equivalent or 
who because of their exceptional ability in the sciences, arts, or business, will 
substantially benefit prospectively the national economy, cultural or 
educational interests, or welfare of the United States, and whose services in the 
sciences, arts, professions, or business are sought by an employer in the United 
States. 
(B) Waiver of job offer-
(i) National interest waiver. ... [T]he Attorney General may, when the Attorney 
General deems it to be in the national interest, waive the requirements of 
subparagraph (A) that an alien's services in the sciences, arts, professions, or 
business be sought by an employer in the United States. 
Furthermore, while neither the statute nor the pertinent regulations define the term "national interest," 
we set forth a framework for adjudicating national interest waiver petitions in the precedent decision 
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). 1 Dhanasar states that after a petitioner has 
established eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) 
may, as matter of discretion 2, grant a national interest waiver if the petitioner demonstrates: (1) that 
the foreign national's proposed endeavor has both substantial merit and national importance; (2) that 
the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it 
would be beneficial to the United States to waive the requirements of a job off er and thus of a labor 
certification. 
The first prong, substantial merit and national impmiance, 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. 
The second prong shifts the focus from the proposed endeavor to the foreign national. To determine 
whether he or she is well positioned to advance the proposed endeavor, we consider factors including, 
but not limited to: the individual's education, skills, knowledge and record of success in related or 
similar efforts; a model or plan for future activities; any progress towards achieving the proposed 
endeavor; and the interest of potential customers, users, investors, or other relevant entities or 
individuals. 
The third prong requires the petitioner to demonstrate that, on balance, it would be beneficial to the 
United States to waive the requirements of a job offer and thus of a labor certification. In performing 
this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the foreign 
national's qualifications or the proposed endeavor, it would be impractical either for the foreign 
national to secure a job off er or for the petitioner too btain a labor ce1iification; whether, even assuming 
that other qualified U.S. workers are available, the United States would still benefit from the foreign 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 I&NDec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
2 See also Poursina v. USCJS, No. 1 7-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USC IS' decision to grant or 
deny a nationalinterestwaiverto be discretionaiy in nature). 
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national's contributions; and whether the national interest in the foreign national's contributions is 
sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) 
considered must, taken together, indicate that on balance, it would be beneficial to the United States 
to waive the requirements of a job offer and thus of a labor certification. 3 
II. ANALYSIS 
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced 
degree. 4 The remaining issue to be determined is whether the Petitioner has established that a waiver of 
the requirement of a job off er, and thus a labor certification, would be in the national interest. In his 
decision, the Director found that the Petitioner met the first prong of the Dhanasar analytical 
framework but did not satisfy the second and third prongs. Because the record does not demonstrate that 
the Petitioner fulfilled the first prong, we will withdraw the Director's decision regarding this matter. 
The first prong relates to substantial merit and national importance of the specific proposed endeavor. 
Dhanasar, 26 I&N Dec. at 889. In his initial cover letter, the Petitioner indicated that "he intends to 
advance his career as a Marketing Manager, developing business activities and promoting cross-border 
commercial transactions that will enhance, substantially, the United States economy." In addition, the 
Petitioner provided a statement indicating: 
I intend to continue using my expertise and knowledge in the field of Business 
Administration and Marketing. I have extensive experience working as a Marketing 
Manager. 
I have gained extensive experience, skills, and contacts in the field of Marketing, and 
knowledge that will allow me to help businesses in the United States. I bring over 16 
years of experience and acumen in the fieldofMarketing. I work wonderfully with teams, 
oversee the operations within a company, manage groups, coordinate with management 
and engage in planning according to the needs of the company. My knowledge and 
connections have assured my success in securing investments and increasing company 
revenue. 
In response to the Director's request for evidence, the Petitioner offered an updated statement claiming: 
I intend to continue using my expertise and knowledge working as a Marketing Manager 
in the United States .... 
3 SeeDhanasar, 26l&NDec. at 888-91, for elaboration on these three prongs. 
4 As the Director found that the Petitioner meets the classification as a member of the professions holding an advanced 
degree, a determination regarding the Petitioner's classification as an individual of exceptional ability is moot. 
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I propose to use my skills and knowledge, gained throughout my 20 years of professional 
experience, to continue working and contributing to large companies using my skills and 
experience to support U.S. companies exploring other international markets (export 
products/services) orto consolidate in the domestic market. I can do this successfully by 
implementing new sales routines, marketing strategies, P&L strategies or developing new 
products .... 
My career plan in the United States is to continue supporting U.S. companies to explore 
other markets ( exportproducts/services)orto consolidate in the domestic matket. I intend 
to continue designing marketing strategies, carrying out market research, prompting 1he 
growth of internationally important industries, such as aesthetics, andmaintainingpositive 
working relationships with peers and colleagues. This will help facilitate company 
growth, as well as identify viableoppmtunities for business development via cross-border 
contracts, specifically the Latin American and American markets which are the two 
largest in the world. 
I can continue to improve my company's marketing efforts by leveraging the weal1h of 
my experience on an international scale to target messages effectively and accordingly. 
In addition, by restructuring internal teams, adopting new technology, expanding matket 
opportunities, focusing on the new customer journey, and allowing for a deeper 
understanding of marketing touchpoints, I will ultimately create a greater competitive 
advantage for all of the clients that my company se1ves. 
The record includes documentation pertaining to overall job descriptions of marketing and sales 
managers, sales trends, marketing shortages, marketing investments, hiring of marketing specialists, 1he 
importance and impact of marketing for companies, marketing industrial reports, consumer spending 
trends, customer experience, future of marketing, managing brands, global marketing and expansion, 
overseas investment, and cross-border business. Therefore, the record shows that the Petitioner's 
proposed endeavor has substantial merit, and we agree with the Directorwith this aspect of the first prong. 
However, we do not agree with the Director's determination that the Petitioner satisfied the national 
importance aspect. The Director indicated: 
The Petitioner submitted his professional plan, articles and industty reports regarding the 
importance of marketing management. The petitioner submitted evidence of possessing 
more than 15 years of experience in marketing management on an international scale. 
Additionally, the petitioner submitted testimonial letters attesting to how [he] has aided 
multiple companies in their national and international business. As such, the proposed 
endeavor is deemed to be of national importance. 
In determining national importance, the relevant question is not the importance of the 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. Here, the Petitioner 
must demonstrate the national importance of his providing specific marketing services to companies 
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rather than the national importance of the position or the wide range of business fields or industries in 
which he intends to work. In Dhanasar, we further noted that "we look for broader implications" of 
the proposed endeavor and that"[ a]n undertaking may have national importance for example, because 
it has national or even global implications within a paiiicular field." Id. We also stated that "[a]n 
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 imp01iance." Id. at 890. Although the Director indicated the Petitioner's submission 
of aiiicles and industry reports, the evidence relates to the substantial merit of the proposed endeavor. 
The Petitioner did not establish how the documentation shows the national importance of his specific 
endeavor. 
In addition, the Director references the Petitioner's experience and testimonial letters reflecting his prior 
professional accomplishments. As indicated above, in both of his statements, the Petitioner emphasizes 
his "expertise and knowledge," "extensive experience," and "extensive experience, skills, and contacts in 
the field of Marketing, and knowledge." The Petitioner's experience, skills, and abilities in his field, 
however, 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 imp01iance 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. Although the 
Petitioner asserts that he will be an asset to companies with whom he will be employed, he has not 
offered sufficient, specific information and evidence to demonstrate that the prospective impact of his 
specific proposed endeavor rises to the level of national importance. Instead, as discussed above, the 
record contains evidence regarding general information about marketing, global expansion, and trade. 
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 
record does not show that the Petitioner's proposed endeavor of providing marketing services stands 
to sufficiently extend beyond his potential or futuristic employers or clients, to impact the field or any 
other industries or the U.S. economy more broadly at a level commensurate with national importance. 
Furthermore, 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. While he generally claimed that his endeavor "will potentially impact ... U.S. job 
creation through serving as manager and director in companies in the U.S.," the Petitioner did not 
demonstrate or further explain how his endeavor would somehow influence employment figures, to 
support his assertions. Without sufficient information or evidence regarding any projected U.S. 
economic impact or job creation attributable to his future work, the record does not show that benefits to 
the U.S. regional or national economy resulting from the Petitioner's marketing services would reach the 
level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. Accordingly, 
the Petitioner did not show that his proposed endeavor has national importance. 
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. Further analysis of his eligibility under the second 
and third prongs outlined inDhanasar, therefore, would serve no meaningful purpose. 
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III. CONCLUSION 
As the Petitioner has not met the requisite first prong of theDhanasar analytical framework, we conclude 
that he has not demonstrated that 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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