Published AAO appeal decisions

Marketing specialist and entrepreneur with advanced degree sought NIW under EB-2. Proposed two marketing and technology businesses claiming novel products and economic benefits. AAO found record lacked corroborating evidence of national importance, broader field implications, or substantial employment or economic effects to establish first Dhanasar prong.

Marketing manager seeking national interest waiver for self-owned firearms and beauty product businesses. AAO held proposed endeavors lack national importance because they would not impact petitioner's field broadly and do not extend beyond her immediate clientele.

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.

A marketing consultant seeks NIW status to operate a digital and traditional marketing agency serving small and medium-sized businesses. The AAO acknowledged substantial merit but found the business plan insufficient to demonstrate national importance because benefits would not extend beyond individual client companies to impact the marketing industry.

Social communications specialist seeking national interest waiver for small trade consultancy business serving SMEs. AAO held proposed endeavor lacks national importance; business activity does not extend beyond employees and clients or demonstrate substantial economic benefits.

Animation specialist with advanced degree seeks NIW for EB-2. Claimed proposed animation work is of national importance. AAO held the work lacks national importance because petitioner failed to demonstrate broader implications beyond employer and its clients; the importance of the field itself is insufficient.

Marketing entrepreneur sought NIW under EB-2 advanced degree. Did not establish qualifying advanced degree; claimed national importance via job creation and climate resilience marketing. AAO agreed substantial merit shown but rejected national importance, finding limited personnel and economic impact insignificant for industry scale.

Medical products sales and distribution specialist seeks NIW for EB-2. Petitioner proposed marketing consulting business with employee creation and training activities. AAO dismissed appeal, finding job creation and revenue insufficient to establish substantial positive economic effects at national level and training activities lack broader field implications beyond company participants.

A Nepali journalist sought EB-1A extraordinary ability classification based on nine criteria claims. The AAO found she did not satisfy the three-criterion threshold, finding no national or international recognition for her award, membership, published material, original contributions, or salary. Two additional criteria were claimed but not analyzed as the threshold failed.

Marketing director sought EB-2 NIW to provide media monitoring and consulting services to small enterprises. AAO held proposed endeavor lacks national importance, having only local client impact without broader field implications. Appeal dismissed.

Self-petitioner, professional in social marketing and financial advisory, seeks EB-2 NIW. AAO held petitioner lacks advanced degree eligibility and failed NIW's first prong because proposed endeavor lacks substantial merit and national importance, affecting only local clients without broader economic impact.

Marketing manager seeking EB-2 NIW for business focused on navigating Brazilian regulatory and financial matters claimed national importance through industry expertise and job creation. AAO held specific endeavor lacks national importance because applicant provided no documentation of prospective impact on field, business plan projections insufficient to demonstrate national economic significance.

Marketing professional with advanced degree sought EB-2 national interest waiver. AAO dismissed appeal finding petitioner's proposed endeavor of providing marketing advice to U.S. companies lacked national importance, as it demonstrated only localized impact without broader industry or economic implications required under Dhanasar.

A heating oil company petitioned for a radio announcer and marketing manager under O-1. The petition was amended during processing from the business category to the arts category, so it is O-1B rather than O-1A. The AAO found the published-material criterion unmet, so the three-criteria threshold failed and the appeal was dismissed.

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.

Marketing manager with advanced degree sought EB-2 national interest waiver. Director found advanced degree eligibility established. AAO affirmed denial, finding proposed endeavor lacked national importance; no evidence of projected economic impact or job creation at national level.

A marketing professional with tourism and hotel management degree sought an EB-2 national interest waiver to start and manage her own tourism business. The AAO affirmed denial, finding her proposed endeavor lacked national importance because it would serve only specific clients without broader economic impact, and she was not well positioned to advance it.

Event producer sought EB-1A extraordinary ability classification. Met initial evidentiary criteria but AAO found evidence insufficient to demonstrate sustained national or international acclaim or position among top event producers. Single media mention and isolated judging instance do not establish required level of achievement.

Self-petitioner, social communications specialist providing marketing consultancy, sought EB-2 advanced degree classification and national interest waiver. AAO found proposed marketing endeavor lacks national importance and cannot establish waiver eligibility. Appeal dismissed.