Published AAO appeal decisions

An advertising and marketing manager sought a national interest waiver for EB-2 classification. The AAO dismissed because her proposed work developing and marketing sustainable bee products lacked national importance, lacking evidence of national or global field implications or substantial economic effects beyond her employer.

Marketing entrepreneur seeks NIW for digital marketing business in New Jersey. Petition claimed substantial merit and national importance. AAO found substantial merit but no national importance; business serves only individual clients without broader field impact or substantial economic effects warranting waiver.

Digital marketing consultant and entrepreneur seeks EB-2 national interest waiver for AI-based SME platform. Applicant claimed substantial merit and national importance; AAO found proposed endeavor had merit but lacked demonstrated national importance because evidence did not show significant employment potential, substantial economic impact, or broader industry implications beyond applicant's business.

An advertising firm sought to employ a strategist under the EB-2 advanced degree category, not a national interest waiver. The job did not require an advanced degree. The firm asked on appeal to recategorize the petition as a professional filing, but the AAO declined because the request came too late, and also noted missing ability-to-pay evidence.

A digital marketing business consultant and entrepreneur sought EB-2 exceptional ability classification with a national interest waiver. The AAO disagreed with the service center that three criteria were met, finding none of the first five satisfied, and declined to reach the sixth, the final merits, or the Dhanasar framework.

A communications professional seeking EB-2 classification with national interest waiver claimed she would establish a marketing company as CEO. The AAO dismissed the appeal, finding her proposed endeavor would serve only direct clients without demonstrating broader implications or substantial national economic effects required for national importance.

Marketing professional consultant sought EB-2 NIW classification. Petitioner claimed proposed business endeavor in marketing and advertising would benefit U.S. through job creation and economic contribution. AAO held the proposed endeavor lacks sufficient national importance because it lacks broader implications beyond the petitioner's company and clients, and merely working in an important field is insufficient.

Communications specialist and marketing entrepreneur sought NIW via self-owned company (10% ownership) and food-beverage employer role. AAO dismissed, holding petitioner failed to show national importance of specific endeavor despite claims of economic contribution. Industry importance and job creation insufficient.

Self-petitioner entrepreneur sought NIW for digital marketing specialist work with long-term goal of owning an agency. AAO dismissed appeal, finding endeavor lacked specificity and substance. General occupation claims without detailed descriptions of specific proposed work do not satisfy national importance requirement.

Marketing manager sought EB-2 NIW. AAO dismissed appeal, finding insufficient evidence of national importance under Dhanasar's first prong. Petitioner's endeavor lacked detail and specificity; benefits appeared bounded by single employer rather than demonstrating broader national implications.

Self-petitioner marketing manager proposing green marketing consulting business. Claimed national interest waiver under Dhanasar. AAO dismissed appeal finding proposed endeavor lacks national importance despite substantial merit determination; insufficient evidence of prospective impact beyond business clients.

Marketing entrepreneur sought national interest waiver claiming expertise in Brazilian advertising market beneficial to US expansion efforts. AAO found proposed endeavor lacks substantial merit and national importance, affecting only prospective employers and clients without broader impact on advertising field or economy, and no demonstrated job creation or economic effects.

Fashion communication specialist seeking EB-2 advanced degree with NIW. Proposed founding communication strategy firm for small businesses across industries. AAO affirmed denial: lacks EB-2 advanced degree qualification; proposed endeavor lacks national importance despite covering multiple sectors.

Marketing specialist sought EB-2 national interest waiver classification. Petitioner had advanced degree but failed to establish proposed endeavor's substantial merit and national importance under first Dhanasar prong. AAO found personal qualifications immaterial to national importance analysis, which focuses on specific prospective endeavor, not field or profession.

Digital marketing entrepreneur seeks EB-2 with NIW based on self-petition. Claimed proposed endeavor has national importance through expanding online marketing business and economic growth. AAO held first prong unmet: business plan lacks corroborating evidence of broader industry impact, substantial job creation, or substantial positive economic effects.

Journalist sought EB-2 classification and national interest waiver for work writing articles and teaching in Florida. AAO dismissed appeal finding the endeavor has substantial merit but lacks national importance because work would not extend beyond immediate audience to impact journalism field broadly.

Marketing business CEO sought NIW for digital marketing services company targeting small business owners. AAO dismissed appeal, holding that proposed endeavor lacks national importance; petitioner provided inadequate evidence of broader field impact, job creation projections, or substantial positive economic effects commensurate with national importance.

A marketing and advertising consultant with advanced degree sought NIW for self-employment. AAO dismissed because proposed endeavor lacked national importance; petitioner did not demonstrate substantial economic effects or job creation at regional or national scale.

Marketing consultant and entrepreneur seeking NIW for EB-2 classification to open Pennsylvania consulting firm. Petitioner claimed endeavor would revolutionize marketing through research and dissemination. AAO held claimed global implications and academic work insufficient; no documentation of prospective impact at national importance level.

A marketing specialist sought NIW under EB-2. The AAO dismissed, finding her proposed endeavor—working with small and medium companies—lacked national importance, as it did not demonstrate broader prospective impact on the marketing industry or U.S. economy.

Marketing and communications specialist with equivalent bachelor's degree and five years experience seeks national interest waiver. First prong failed: petitioner confused industry importance with specific endeavor importance. Work lacks broader field impact or substantial economic effects needed for national importance standard.

Digital marketing entrepreneur sought EB-2 national interest waiver for digital marketing business. AAO dismissed, finding proposed endeavor lacked national importance; industry importance does not establish specific endeavor impact, and projected ninety-seven jobs across three locations insufficient to demonstrate national-level significance.

Public relations specialist with advanced degree sought EB-2 with national interest waiver. AAO dismissed appeal, finding no national importance in the proposed endeavor. Services would only benefit individual clients and lack broader implications for the public relations field.

A digital marketing specialist proposed partnering with universities to market courses via e-learning platform. The AAO found insufficient evidence that the endeavor would impact online higher education broadly or demonstrate national importance. Appeal dismissed under first prong of Dhanasar.

Brand manager with advanced degree sought EB-2 national interest waiver. AAO agreed petitioner qualified for EB-2 but dismissed appeal because digital marketing services lacked national importance; services beneficial only to clients, not rising to broad prospective impact.