NIW Bearings
dismissedJAN082025_03B52032025-01-08 · appeal · Nebraska Service Center

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 · p1described as a job role, not a defined undertaking
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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)

Cases in adjacent profiles