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.
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 p. 2 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 ofthe 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). eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as 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 foreignnationalproposestoundertake. Theendeavor'smeritmaybedemonstratedinarangeofareas 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 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).
Dhanasar states that after a petitioner has established In announcing this new framework, we vacated our prior precedent decision, Matter ofNew York State Department of Transportation, 22 l&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). p. 3 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 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 ofeligibility 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 Ifashion 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. ShewillhelpU.S.businessesimprovetheirreputationandmarketvisibilitythroughinnovative 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 o f effective public relations and o f 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 ofthe public relations industry, the ways in which public relations affects business success, integrated strategic Vuitton, Dirty Lemon, Verizon, Procter and Gamble, Lincoln University, Bank ofthe 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. to waive the requirements of a job offer and thus of a labor certification.
Analysis
See Dhanasar, 26 T&N Dec. at 888-91, for elaboration on these three prongs.
The Petitioner's list included "Public Relations Manager" positions with companies such as Amazon, Mintz, Louis p. 4 communication as a competitive advantage, the benefits associated with a professional public relations campaign, the value of public relations in corporate sustainability, and the role of public relations 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 proposes 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. Although the Petitioner's statements reflect her intention to provide valuable public relations services for her future employers and clients, she bas not offered sufficient information and evidence to demonstrate that the prospective impact of her 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 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.Job creation or economic claims unsupported 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 ofthe Dhanasar framework.
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 demonstratedeligibilityforanationalinterestwaiver. Furtheranalysisofhereligibilityunderthesecond and third prongs outlined in Dhanasar, therefore, would serve no meaningful purpose.
Conclusion
As the Petitioner has not met the requisite first prong ofthe 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.