EB-2 NIWMarketing, media, communicationsIndividualDecided November 2023Dismissed
Outcome: Dismissed
NOV292023_11B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A digital influencer marketing entrepreneur was found to meet exceptional ability criteria but failed the national interest waiver test. The AAO determined his specific business endeavor lacked national importance under Dhanasar's first prong, finding it would benefit only his clients, not broadly impact the industry or economy.
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 · Proposed digital influencer marketing company lacked national importance, limited to his clients
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed digital influencer marketing company lacked national importance, limited to his clients |
 Well positioned | Not reached / not discussed | Did not reach second prong because first prong failed; national importance not established |
 Balance favors a waiver | Not reached / not discussed | Did not reach third prong because first prong failed; national importance not established |
A published decision describes one case. It is not legal advice and not a prediction for yours.