The Petitioner, a digital marketing entrepreneur, seeks employment-based second preference (EB-2) immigrant classification as an advanced degree professional or a person of exceptional ability, as well as a discretionary national interest waiver of the job offer requirement attached to this classification. See Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2). The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner qualifies for the EB-2 classification as an advanced degree professional, the record did not establish that a waiver of the required job offer, and thus labor certification, would be in the national interest. This matter is now before us on appeal, which we review de novo. Matter ofChristo 's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). The Petitioner bears the burden of establishing his eligibility by a preponderance of the evidence. Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). Upon de novo review, we will dismiss the appeal.
I.LAW
To be eligible for a national interest waiver, a petitioner must first establish eligibility for the underlying EB-2 visa classification, as an advanced degree professional or an individual ofexceptional ability in the sciences, arts, or business. Section 203(b)(2)(A), (B) of the Act; 8 C.F.R. § 204.5(k)(l). If a petitioner establishes eligibility for the underlying EB-2 classification, they must then demonstrate that they warrant a discretionary waiver of the job offer requirement "in the national interest." Section 203(b)(2)(B)(i) of the Act. MatterofDhanasar, 26 I&NDec. 884,889 (AAO 2016), provides the framework for adjudicating national interest waiver petitions, which states that U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, 1 grant a national interest waiver if the petitioner establishes that: (1) the proposed endeavor has both substantial merit and national importance; (2) they are well positioned to advance their proposed endeavor; and (3) on balance, waiving the job offer and thus labor certification requirements would benefit the United States. Id. 1 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Ninth, Eleventh, and D.C. Circuit Courts in holding that USCIS ' decision on a national interest waiver is discretionary in nature) .
Analysis
The Director determined, and the record-including a copy of the Petitioner's Brazilian civil engineer degree, college transcript, diploma evaluation, and letters from former employers and colleaguesestablishes that he qualifies for the EB-2 classification as an advanced degree professional holding a U.S.-equivalent bachelor's degree with at least five years of progressive post-degree experience in the field of specialty. 8 C.F.R. §§ 204.5(k)(l)-(2), (k)(3)(i)(B).
The remaining issue on appeal is whether he warrants a discretionary national interest waiver under the Dhanasar framework and its requisite three prongs, any one of which is dispositive. The Director ultimately concluded that the record did not show that the Petitioner's proposed endeavor has national importance and thus he did not meet Dhanasar' s first prong. 2 The Petitioner does not submit any new evidence but alleges that the Director failed to consider all relevant evidence under the preponderance of the evidence standard in assessing the claimed national importance of his proposed endeavor. We conclude that the evidence does not establish that the proposed endeavor has national importance. Under the Dhanasar framework, the first prong, "substantial merit" and "national importance," focuses on the specific endeavor the Petitioner proposes to undertake. Dhanasar, 26 I&N Dec. at 889. The endeavor's merit under this prong may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. In evaluating whether the proposed endeavor has national importance, we consider its potential prospective impact. Id. The Petitioner intends to work as an online digital marketing entrepreneur and operate his own company that provides consulting services in market research, development strategies, and marketing campaign management and analytics by offering marketing tactics, including for product design, search engine optimization, targeted social media and email marketing, and digital advertising. Under the applicable preponderance of the evidence standard, we consider not only the quantity, but also the quality (including relevance and probative value) of the evidence. Matter of Chawathe, 25 I&N Dec. at 375-76; Matter ofE-M-, 20 I&N Dec. 77, 79-80 (Comm'r 1989). In reasserting that his proposed endeavor has national importance, the Petitioner relies on his academic credentials and past experience, as indicated in his resume, business plan, an expert letter, other support letters, as well as the same market information included in the industry reports in the record generally noting the industry's significance.Support letters generic or unsupported He reiterates that, given his background, expertise, and the high demand for qualified individuals in the online digital marketing field, which various government entities also have described as important, he is very well qualified to open and successfully run his own firm which will have substantial positive economic and societal impact. He further asserts that along with his business acumen, his ability to access large amounts of consumer and market data will ensure his company's success and even facilitate trade between the United States and Brazil in the digital market field. But the referenced evidence and assertions focus on his experience, skills, and other potentially available resources and relates to Dhanasar' s second prong, which pertains to whether he is well positioned to advance his endeavor and "shifts the focus from the proposed endeavor to the foreign national." Dhanasar, 26 I&N Dec. at 890. For assessing the national importance of a proposed endeavor under 2 The Director otherwise summarily found that the record established that the proposed endeavor has substantial merit, the Petitioner is well positioned to advance it, and on balance it would be beneficial to waive the job offer and labor ce1tification requirements.
Dhanasar's first prong, we look to the specific endeavor itself and its "potential prospective impact." Id. at 889. Thus, as relevant here, we assess whether the specific endeavor he proposes to undertake has broader national significance, rather than on the importance of his profession or industry in which he proposes to engage. Id. Here, as owner and general manager of his company, the Petitioner proposes to lead and expand it by utilizing his expertise and related technologies in serving all potential customers, including small and mid-sized businesses. He also asserts he will introduce "avant-garde," "innovative," and "highly effective" digital marketing strategies as well as "novel techniques" that "could revolutionize" the marketing industry, further promising his company's and its clientele's competitive edge. However, the record does not contain specific detail or relevant probative evidence as to the innovative and novel methods that the Petitioner claims will set his proposed endeavor apart from other existing business models and practices in the field. The record also lacks evidence that his claimed methods and techniques were or would be recognized or adopted by the industry or otherwise have far-reaching implications. Although we acknowledge that the Petitioner's proposed endeavor could have a positive impact on his online marketing career and business, he has not persuasively explained, and the record (primarily including his business plan, an expert letter, other support letters, and the general industry reports) does not demonstrate how his proposed work would have the broader implications for the industry and U.S. economy as he claims, beyond his business and potential clients.No broader implications shown The Petitioner further reiterates that his company will design and provide online courses and seminars and he will also regularly train his own employees. It is unclear, however, how the proposed educational component specifically relates to the claimed national importance of the Petitioner's proposed digital marketing endeavor, which, as he described, primarily proposes to advance and expand his online marketing business as a digital marketing expert. Even if his endeavor includes this educational component, the record lacks probative evidence that providing online courses and training would impact digital marketing education more broadly beyond his own employees and customers. Similarly, in Dhanasar, the petitioner's work as a science teacher, while it was found to have substantial merit, did not qualify him under the first prong because the record did not establish how that work would impact science education more broadly. Dhanasar, 26 I&N Dec. at 893.
The record also does not show that the proposed endeavor would have "significant potential to employ U.S. workers" or "substantial positive economic effects, particularly in an economically depressed area," which may indicate national importance.Job creation or economic claims unsupported Id. at 890. The Petitioner's business plan includes a personnel chart and a five-year plan listing him as owner, general manager, and a senior consultant of his company, initially with nine employees comprising consultants, specialists, managers, and a content writer; and by year five, a total of 13 employees. The business plan also projects, based on its own sales forecast, $535,000 in total sales revenue in year one and a total revenue of over $3.3 million by year five with remaining net profit of around $1 million after taxes and expenses. However, these projection lack corroborating evidence that would objectively substantiate them, and the record does not show how he will specifically achieve them.Plan or projections not corroborated While the business plan also includes organizational plans and duty descriptions, the record does not include any evidence-based justifications for the increasing staffing projections and the claimed need for business expansion beyond California. Even assuming the job and profits projections are accurate, he has not shown that the economic benefits to the regional or national economy and the projected employment resulting from the endeavor would reach the level of "substantial positive economic effects" as contemplated by Dhanasar. Id. at 890. p. 4 Although he also claims that his business will be located in a "historically underutilized business zone" ("HUBZone"), he does not specify his company's location and the business plan simply states that it will be located in and serve "thel IMetropolitan Area." Moreover, as the Director noted, it is unclear how HUBZones are identified and whether they necessarily include or impact economically depressed areas. Other than his general assertions as to HUBZones, the record does not contain independent evidence indicating that his proposed work would directly or indirectly benefit economically depressed areas. Even assuming the accuracy of the projected sales figures, the record does not show that the resulting positive economic effects would be substantial, particularly in an economically depressed area. He also continues to rely on economic activity "multiplier" models, reasserting that his company will indirectly generate 156 jobs and other indirect ripple effects through residual economic activities. But the record does not contain any probative evidence that the claimed indirect economic impact would be directly attributable to the Petitioner's proposed endeavor. He further asserts the projected tax contributions to local, state, and federal governments "will obviously broadly enhance societal welfare" by increasing overall tax revenues for this country and indirectly creating new jobs as well as other unspecified benefits. However, apart from these assertions, it is unclear, and the record lacks evidence as to, how the speculated tax contributions and related economic and social benefits, even if accurately projected, would improve societal welfare at a regional or national level on a scale commensurate with national importance as contemplated in Dhanasar. Lastly, the Petitioner reiterates that his company "will operate in" a science, technology, engineering, and mathematics ("STEM") field. But he does not specifically claim that his proposed endeavor itself, which is primarily entrepreneurial and service-oriented in nature, is inherently a STEM enterprise.Proposed endeavor too vague The record does not otherwise contain any persuasive explanation or specific evidence that his proposed endeavor in online digital marketing in fact falls within a STEM field that has national importance. See Matter ofChawathe, 25 I&N Dec. at 375-76 (stating that petitioners bear the burden of establishing their eligibility); see also 6 USCIS Policy Manual F.5(D)(2), https://www.uscis.gov/policymanual (stating that with respect to the first prong, as in all cases, the evidence still must show that a STEM endeavor has both substantial merit and national importance). Here, as discussed, the Petitioner's assertions and reliance on his aspirational business plan, support letters, and general industry reports, do not demonstrate that his proposed endeavor as a marketing entrepreneur and consultant has broader implications for the online digital marketing and related education industries, or that it specifically furthers STEM objectives in a nationally significant manner, or otherwise demonstrate national importance as contemplated by Dhanasar.
While we acknowledge his desire to contribute to the U.S. online digital marketing industry and its economy, the Petitioner has not established with specific, probative evidence that his proposed endeavor will have broader implications in his field, have significant potential to employ U.S. workers, or have substantial positive economic or societal effects. The Petitioner has not met Dhanasar' s national importance prong and thus has not established his eligibility for a national interest waiver. As the identified ground for denial, the Petitioner's inability to satisfy Dhanasar's first prong is dispositive of this appeal, we do not address here the Director's determinations as to the second and third Dhanasar prongs for a national interest waiver. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (stating that agencies are not required to reach issues that are unnecessary to the ultimate decision). ORDER: The appeal is dismissed.