EB-2 NIWFinance and economicsIndividualDecided March 2024Dismissed
Outcome: Dismissed
MAR252024_01B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
Marketing professional in financial services sought advanced degree and exceptional ability classifications with national interest waiver. AAO dismissed appeal because petitioner failed first Dhanasar prong: established substantial merit and was well positioned but did not demonstrate that providing marketing services to limited clients has national importance distinct from general importance of her occupation.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Well positioned · Director determined petitioner is well positioned to advance proposed endeavor.
What was missing
- Merit and national importance · Petitioner established substantial merit but failed to demonstrate national importance of specific proposed endeavor; generic discussion of data analytics importance in marketing insufficient without showing her specific work has broader implications.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Petitioner established substantial merit but failed to demonstrate national importance of specific proposed endeavor; generic discussion of data analytics importance in marketing insufficient without showing her specific work has broader implications. |
 Well positioned | Met | Director determined petitioner is well positioned to advance proposed endeavor. |
 Balance favors a waiver | Not reached / not discussed | First prong failed on national importance; agency reserved discussion of balancing factors as outcome already determined. |
A published decision describes one case. It is not legal advice and not a prediction for yours.