EB-2 NIWMarketing, media, communicationsIndividualDecided March 2023Dismissed
Outcome: Dismissed
MAR162023_06B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
Marketing professional with Brazilian tourism experience seeks national interest waiver for EB-2. Petitioner initially proposed general marketing work, then introduced new business plan at RFE stage. AAO found impermissible material change and held original endeavor lacks national importance. Work would not impact field or economy beyond specific employer clientele.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Director found substantial merit but not national importance. Initial endeavor (marketing director for travel and tourism) lacks broad impact beyond employer and clientele.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Director found substantial merit but not national importance. Initial endeavor (marketing director for travel and tourism) lacks broad impact beyond employer and clientele. |
 Well positioned | Not reached / not discussed | Not reached because first prong failed; AAO declined to address under Bagamasbad doctrine. |
 Balance favors a waiver | Not reached / not discussed | Not reached because first prong failed; AAO declined to address under Bagamasbad doctrine. |
A published decision describes one case. It is not legal advice and not a prediction for yours.