dismissed EB-2 NIW Case: Marketing

U.S. Citizenship 
and Immigration 
Services 
In Re: 12305081 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: WL Y 14, 2021 
Form 1-140, 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, 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 qualified 
for classification as a member of the professions holding an advanced degree but 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. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova 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 ofjob offer-
(i) National interest waiver. ... the 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. 
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 a 
matter of discretion, 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 offer and thus of a labor certification. 
The first prong, substantial merit and national importance, 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 offer or for the petitioner to obtain a labor certification; whether, even assuming 
that other qualified U.S. workers are available, the United States would still benefit from the foreign 
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) 
1 In announcing this new framework, we vacated our prior precedent decision, Matter of New York State Department of 
Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). 
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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. 2 
II. ANALYSIS 
The Director found that the Petitioner qualifies as a member of the professions holding an advanced 
degree. Although the Director found substantial merit in the proposed endeavor in the field of 
marketing, the Director concluded that the record does not establish that the proposed endeavor has 
national importance. The Director also concluded the record did not satisfy the third Dhanasar prong, 
without addressing the second prong. For the reasons discussed below, the Petitioner has not 
established that a waiver of the requirement of a job offer is warranted. 
The Petitioner initially described the endeavor as a plan "to advance her career as a [m]arketing 
[ m ]anager, planning, directing, and coordinating marketing policies and programs that will enhance, 
substantially, the United States economy." 
The Petitioner also described the endeavor with verbatim language from the Occupational Information 
Network (O*NET) summary report for "Marketing Managers," as follows: 
• Identify, develop, or evaluate marketing strategy, based on knowledge of 
establishment objectives, market characteristics, and cost and markup factors. 
• Formulate, direct, or coordinate marketing activities or policies to promote products 
or services, working with advertising or promotion managers. 
• Evaluate the financial aspects of product development, such a budgets, 
expenditures, research and development appropriations, or return-on-investment 
and profit-loss projections. 
• Use sales forecasting or strategic planning to ensure the sale and profitability of 
products, lines, or services, analyzing business developments and monitoring 
market trends. 
• Direct the hiring, training, or performance evaluations of marketing or sales staff 
and oversee their daily activities. 3 
The verbatim language from the O*NET summary report does not establish what the specific endeavor 
would entail, beyond matching the generalized tasks of positions in the same occupational category, 
nor does it establish how the proposed endeavor may have national importance. 
The Petitioner further stated that "as someone who possesses an intimate knowledge of [ m ]arketing in 
Brazil and Latin America, there is no doubt that she would work in the United States in an area of 
substantial merit and national importance." In response to the Director's request for evidence, the 
Petitioner elaborated that, through the endeavor, she would: 
2 See Dhanasar, 26 I&N Dec. at 888-91, for elaboration on these three prongs. 
3 See O*NET OnLine Summary Report for "11-2021.00 - Marketing Managers," http://www.onetonline.org/link/ 
summary/11-2021.00 (last visited July 14, 2021). 
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continue working with American companies that require my specialized business 
knowledge, my vast experience in leading successful sales teams, and my high-level of 
expertise in the industry. I intend to continue designing marketing strategies, carrying 
out market research, prompting the growth of internationally important industries, such 
as [ t] elecommunications and [ e ]ntertainment, and maintaining positive working 
relationships with peers and colleagues. This will help facilitate company growth, as 
well as identify viable opportunities for business development via cross-border 
contracts, specifically the Latin American and American markets which are the two 
largest in the world. 
My proposed endeavor presents significant importance to the national interests. 
Marketing is not simply an important part of business success-it is the business. 
Everything else in the business depends upon marketing .... 
In the decision, the Director concluded that "the evidence is insufficient to establish that the 
[P]etitioner's proposed endeavor otherwise stands to have broader implications rising to the level of 
national importance. The evidence is insufficient to show that [her] proposed endeavor will impact 
the field more broadly than a a [sic] single employer, client, or project." 
On appeal, the Petitioner reiterates her general plan "to actively apply her marketing and sales 
expertise in the business field to benefit companies and consumers alike" and asserts that "she will 
enhance the country's national interests by broadly enhancing commercial interests and stimulating 
the domestic labor force in the United States." The Petitioner also discusses her career and prior 
accomplishments in Brazil, and informs that she has been working as a research specialist a~ I I I inl I Florida, since March 2019, where she is "responsible for gathering 
market research froml I on various topics." The Petitioner also summarizes 
the "role and importance of marketing" in general. The Petitioner farther asserts that the "proposed 
endeavor will affect a wide range of business functions, and will ultimately help increase the flow of 
money in the U.S. on a national level-as clients and customers will be able to purchase products or 
services from anywhere in the country-which will improve the competitive advantage of U.S. 
companies, both nationally and internationally," without elaborating on how the endeavor would affect 
any particular business. 
In determining national importance, the relevant question is not the importance of the industry, field, 
or profession in which an individual will work; instead, to assess national importance, we focus on the 
"specific endeavor that the foreign national proposes to undertake." See Dhanasar, 26 I&N Dec. at 
889. Dhanasar provided examples of endeavors that may have national importance, as required by 
the first prong, having "national or even global implications within a particular field, such as those 
resulting from certain improved manufacturing processes or medical advances" and endeavors that 
have broader implications, such as "significant potential to employ U.S. workers or has other 
substantial positive economic effects, particularly in an economically depressed area." Id. at 889-90. 
The proposed endeavor of marketing benefits the Petitioner's employer( s ); however, the record does 
not establish how the endeavor would have broader implications in terms of significant potential to 
employ U.S. workers or have substantial positive economic effects, beyond the Petitioner's 
employer(s), as contemplated by the first Dhanasar prong. See Dhanasar, 26 I&N Dec. at 889. For 
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example, although the Petitioner asserts that she "will produce significant national benefits, due to the 
ripple effects of her professional activities," the record does not establish whether the potential to 
employ U.S. workers is significant, and whether the potential positive economic effects would be 
substantial. Petitioners bear the burden of articulating how they satisfy eligibility criteria. See 
section 291 of the Act, 8 U.S.C. § 1361. Similarly, the record does not establish how the proposed 
endeavor of working as a marketing manager for one or more companies rises to the level of broader 
implications within the field, as contemplated by Dhanasar. See Dhanasar, 26 I&N Dec. at 889. 
Although the Petitioner's statements on appeal regarding her expertise and prior career 
accomplishments in Brazil address aspects of the second Dhanasar prong, they do not address how 
the proposed endeavor in the United States has broader implications beyond her immediate 
employer(s), as required by the first Dhanasar prong. See id. Moreover, the Petitioner's focus on 
appeal on the "role and importance of marketing" in general does not address aspects of the specific 
endeavor and how the performance of the planned activities under the endeavor would have broader 
implications, rising to the level of national importance as contemplated by Dhanasar. See id. 
In summation, the Petitioner has not established that the proposed endeavor has national importance, 
as required by the first Dhanasar prong, and therefore is not eligible for a national interest waiver. 
We reserve our opinion regarding whether the record satisfies the second or third Dhanasar prong. 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we 
conclude that the Petitioner has not established eligibility for, or otherwise merits, a national interest 
waiver as a matter of discretion. 
ORDER: The appeal is dismissed. 
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