Marketing Executive Or In A Similar High-Level Position
Marketing, Branding, Communication, Media, And Business Fields · 2024-11-18
Decision Date
2024-11-18
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Proposed Endeavor
The petitioner proposes to advance his career in the United States within the marketing, branding, communication, media, and business fields, working as a Marketing Executive or in a similar high-level position. He intends to use his experience to assist multimedia companies, marketing agencies, businesses, and individuals in expanding their operations in the U.S. by designing and executing multimedia strategies and custom integrated marketing programs.
Framework Evaluation
0 of 3 criteria met
1Proposed endeavor has both substantial merit and national importanceNot Met
The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance, as the evidence did not specifically link to the petitioner's unique contributions.
2Petitioner is well-positioned to advance the proposed endeavorNot Met
USCIS declined to evaluate this prong because the petitioner did not satisfy the first prong of the Dhanasar framework.
3On balance, it would benefit the United States to waive the job offer and labor certification requirementsNot Met
USCIS declined to evaluate this prong because the petitioner did not satisfy the first prong of the Dhanasar framework.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the evidence, including industry reports and an expert letter, did not specifically corroborate the national impact of the petitioner's *specific* work, only the general importance of marketing. USCIS declined to evaluate the second and third Dhanasar prongs due to the failure on the first prong.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested additional evidence to address deficiencies in establishing the national interest waiver, particularly concerning the national importance of the proposed endeavor. The petitioner responded with personal statements, industry reports, articles, and letters of support, but these were deemed insufficient to corroborate the specific national impact of his work.
RFE Targets
Proposed endeavor has both substantial merit and national importance
The petitioner proposes to work as a marketing manager/director designing marketing strategies, identifying business development opportunities, and leveraging consumer data to create competitive advantages. He intends to assist U.S. companies with international expansion and help foreign companies introduce their operations to the U.S. market.
The petitioner proposes to operate a business providing branding and marketing consultancy services to U.S. small and medium-sized businesses. Additionally, she intends to conduct educational workshops and online courses focused on utilizing science-based neuropsychological marketing to enhance sales and business growth.
The petitioner proposes to work in the United States as a marketing and communications specialist through her own company, of which she owns 10%, and her current position as head of marketing for a food and beverage company. She contends her services will indirectly generate jobs for U.S. citizens and contribute to the overall revenue growth of the marketing consultants industry.
The Petitioner seeks to continue her career in the advertising and marketing industry in the U.S., leveraging her expertise in the Brazilian and Latin American markets to advise U.S. companies. In response to an RFE, she provided a new business plan for her own start-up company to provide marketing services, targeting small-to medium-sized U.S. companies seeking to enter the Brazilian market.
Frequently Asked Questions
A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.
