dismissed EB-2 NIW Case: Public Relations

U.S. Citizenship 
and Immigration 
Services 
In Re: 9580386 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 16, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner, a public relations 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 she 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 submits a brief asserting that she 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 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. ... [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. 
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 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 
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). 
2 See also Poursina v. USC1S, No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS' decision to grant or 
deny a national interest waiver to be discretionary in nature). 
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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 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 agree with the Director that the Petitioner has not sufficiently 
demonstrated the national importance of her proposed endeavor under the first prong of the Dhanasar 
analytical framework. 
Regarding her claim of eligibility under Dhanasar' s first prong, the Petitioner indicated that she intends 
to continue her career "in public relations for U.S. organizations in need of a reorganization of their 
marketing, communication, and branding initiatives." She explained that her proposed endeavor involves 
"marketing communications and event management in the retail, logistics, sports, and entertainment 
markets"; "implementing effective action plans and management solutions by defining advantageous 
budget, marketing, and branding solutions for multinational organizations"; "dealing with strategic 
partnerships and managing public relations plans to promote brands and events"; and "coordinating 
operational structures in corporate events." The Petitioner further asserted that she plans "to prospect job 
opportunities in U.S. companies, both large and small" and then listed multiple companies for which she 
intends "to pursue j job plrement." 4 In addition, she stated: "I have a potential job offer from the 
~h consulate i and I intend to work with the famousl I fashion designer,! I 
L__J to bring her brand to the U.S. from I .... " 
The Petitioner maintains on appeal that her undertaking stands to "provide economic value to U.S. 
businesses and organizations in need of deep restructuring initiatives, specifically regarding their market 
influence. She will help U.S. businesses improve their reputation and market visibility through innovative 
and disruptive business skills such as public relations strategies." 
The record includes information about the receptiveness of purpose-led messaging in the media 
landscape, the value of effective public relations and of fostering relationships mutually advantageous 
relationships with news reporters, the evolution of public relations in the digital world, the 
occupational outlook for public relations managers, and the balance between marketing and public 
relations targeting to build a brand. In addition, the Petitioner provided an article discussing how an 
effective public relations strategy affects brand identity, consumer influence and trust, company 
valuations, and capital investment. She also offered information about the future of the public relations 
industry, the ways in which public relations affects business success, integrated strategic 
3 See Dhanasar, 26 T&N Dec. at 888-91, for elaboration on these three prongs. 
4 The Petitioner's list included "Public Relations Manager" positions with companies such as Amazon, Mintz, Louis 
Vuitton, Dirty Lemon, Verizon, Procter and Gamble, Lincoln University, Bank of the West, NBC Universal, and Caesars 
Entertainment. As the Petitioner is applying for a waiver of the job offer requirement, it is not necessary for her to have a 
job offer from a specific employer. However, we will consider information about her prospective positions to illustrate 
the capacity in which she intends to work in order to determine whether her proposed endeavor meets the requirements of 
the Dhanasar analytical framework. 
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communication as a competitive advantage , the benefits associated with a profe ssional public relation s 
campaign , the value of public relations in corporate sustainability , and the role of public relation s in 
marketing. The record therefore shows that the Petitioner's proposed work as a public relations 
manager has substantial merit. 
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 propo ses to undertake ." See Dhanasar, 26 I&N Dec . at 889. 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 particular 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 importance." Id. at 890. 
In her appeal brief, the Petitioner asserts that her proposed endeavor "will lead to enhanced national and 
international visibility regarding U.S. business industry functions, thus improving the nation's market 
productivity and global commercial appeal." She contends that her undertaking stands to "directly impact 
the domestic job market, as improved industry patterns culminate in higher business demands, and an 
increase in domestic jobs and workforce dependability." The Petitioner further maintains that her 
proposed "business activities will drive consistent sales, and thus profitability, for all U.S. companies and 
brands she serves," resulting "in enhanced economic activity for the U.S. business ecosystem." She also 
claims that her proposed work "will transform U.S. business objectives into profitable practices - this 
will then incentivize whole commercial segments, and thus contribute to national economic growth." 
Furthermore, the Petitioner argues that her undertaking "will produce significant national benefits , due 
to the ripple effects of her professional activities. " Additionally , she states her "endeavor will 
prioritize the domestic job market , and ultimately help increase the flow of money in the U.S. on 
regional and national levels, which will contribute to U.S. gross domestic product." 
To evaluate whether the Petitioner's proposed endeavor satisfies the national importance requirement 
we look to evidence documenting the "potential prospective impact" of her work. Althou gh the 
Petitioner's statements reflect her intention to provide valuable public relations services for her future 
employer s and clients, she bas not offered sufficient information and evidence to demonstrate that the 
prospective impact of her propo sed 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 bis field more broadly. Id. at 893. Here, we find the record 
does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her 
potential employers and clientele to impact the public relations field or U.S. economy more broadly 
at a level commensurate with national importance . 
Furthermore , the Petitioner has not demonstrated that the specific endeavor she 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 her future work, the record does not show that benefits to the U.S. 
regional or national economy resulting from the Petitioner's public relations projects would reach the 
level of "substantial positive economic effects" contemplated by Dhanasar. Id. at 890. Accordingly, 
the Petitioner's proposed work does not meet the frrst prong of the Dhanasar framework. 
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Because the documentation in the record does not establish the national importance of her 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 her eligibility under the second 
and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose. 
III. CONCLUSION 
As the Petitioner has not met the requisite first prong of the Dhanasar analytical framework, we conclude 
that she has not established she 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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