Date of Decision: November 29, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Digital Influencer Marketing
Petitioner Information
Profession: Digital Influencer Marketing Entrepreneur
Field: Digital Influencer Marketing
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Exceptional Ability: The petitioner was recognized as meeting the criteria for exceptional ability in the field of digital influencer marketing, satisfying the EB-2 classification requirement.
Criteria Not Met:
- National Importance: The petitioner did not sufficiently demonstrate that his proposed endeavor in digital influencer marketing has national importance. The Director and the Administrative Appeals Office (AAO) concluded that while the petitioner’s work has substantial merit, it does not extend beyond his business to impact the U.S. economy or the digital marketing industry on a national level.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to operate a digital influencer marketing company in the United States, focusing on creating influencer marketing campaigns for various industries to enhance brand awareness and increase sales for his clients. The petitioner argued that his work would have a significant impact on the U.S. economy by helping companies improve their marketing strategies and reach a broader audience.
Substantial Merit and National Importance:
While the petitioner’s work in digital influencer marketing is acknowledged as having substantial merit, the AAO found that the evidence provided did not sufficiently demonstrate the national importance of his specific proposed endeavor. The AAO noted that the petitioner’s business plan projected modest growth in revenue and staffing, which did not support the claim of national importance. The petitioner’s arguments about the broader impact of digital marketing were general and did not establish how his specific business would have significant national implications.
Well Positioned to Advance the Proposed Endeavor:
The petitioner provided evidence of his achievements as a digital influencer, including YouTube channel metrics, contracts with major companies, and expert opinion letters. However, these documents primarily supported the second prong of the Dhanasar framework, which focuses on whether the individual is well-positioned to advance the proposed endeavor. The AAO noted that the petitioner’s business plan lacked sufficient detail to demonstrate how his company would grow to a level of national importance.
On Balance, It Would Be Beneficial to Waive the Requirements of the Labor Certification Process:
This aspect was not analyzed in detail, as the petitioner did not satisfy the national importance prong of the Dhanasar framework.
Supporting Evidence:
The petitioner submitted a business plan, expert opinion letters, and industry reports on the importance of digital marketing. However, these were not sufficient to demonstrate that the proposed endeavor would have a significant impact on the U.S. economy or digital marketing industry on a national level.
Inconsistencies in Proposed Endeavor:
The AAO noted that the petitioner’s business plan and expert opinion letters did not convincingly establish how his digital marketing company would operate on a scale that would have a broader impact beyond his clients. The petitioner’s projections for revenue and staffing growth were not adequately supported by specific data or evidence.
Supporting Documentation
Letters of Intent: Not provided
Business Plan: Provided but lacked sufficient detail to support the claim of national importance
Advisory Letter: Provided but did not adequately support the claim of national importance
Other Supporting Documentation: Included industry reports, expert opinion letters, and business plan, which were insufficient to establish the broader national importance of the petitioner’s proposed endeavor.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not establish that the proposed endeavor has national importance or that he is well-positioned to advance it. Consequently, the petitioner did not demonstrate eligibility for or merit a national interest waiver.
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