This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The Petitioner sought to pursue a career as a digital marketing specialist in the United States, with a long-term vision of establishing his own digital marketing agency.
Field: digital marketing · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found, and the AAO did not disturb, that the Petitioner established he was an advanced degree professional.
Prong 1 — national importancenot established · dispositive
“the evidence in the record does not sufficiently describe a cognizable endeavor”
“Simply being employed in an occupation does not constitute an endeavor for the purposes of these proceedings.”
“the Petitioner has not addressed specific deficiencies in the Director's denial aside from asserting his eligibility for the requested petition”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
Notable
The AAO adopted and affirmed the Director's decision under Matter of Burbano rather than conducting independent analysis, and dismissed for failure to identify a cognizable endeavor beyond a general occupation, expressly reserving all other NIW eligibility requirements including the entrepreneurial agency plan.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- USCIS Policy Manual F.5(D)(1)
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