Can marketing professionals get an EB-2 NIW? What 110 AAO decisions say

Published AAO non-precedent decisions, 2020–2025 · updated 2026-10-16

Between 2020 and 2025 the AAO published 110 EB-2 NIW appeal decisions from marketing & sales petitioners and sustained none of them. The most common ground for dismissal: proposed endeavor not shown to have national importance (83 of the 102 merits dismissals, 81%). Second: advanced degree or exceptional ability not established (17, 17%). These are appeals of denials, not all adjudications, so the dismissal rate is not an initial-filing approval rate; it shows which arguments the AAO rejected on appeal and which it accepted.

What the decisions say

Grounds for dismissal, by frequency

  1. 83 of 102 Proposed endeavor not shown to have national importance
    “The motion to reopen/reconsider was dismissed because the petitioner failed to establish that his proposed endeavor has national importance, a key prong of the Dhanasar framework.” AAO, 2022
  2. 17 of 102 Advanced degree or exceptional ability not established
    “bachelor's degree, nor that she possessed the required five years of progressive, post-baccalaureate work experience to qualify for an advanced degree equivalent.” AAO, 2024

No EB-2 NIW appeal from marketing & sales petitioners was sustained in this period. The record shows what did not work; it does not show what would.

Outcomes by Year

YearDismissedSustainedRemandedTotal
20257 (—)007
202446 (100.0%)0046
202331 (93.9%)0233
20227 (—)018
202113 (—)0114
20202 (—)002

Criteria Breakdown

CriterionIn DismissedIn SustainedTotalDismissal Rate
Prong 1: Substantial merit and national importance111011596.5%
Prong 2: Well positioned to advance the endeavor8408796.6%
Prong 3: On balance, waiver benefits the U.S.8208596.5%
Advanced degree2803190.3%
Exceptional ability2903096.7%

Example Decisions

Dismissed2024-08-07The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor. While the AAO agreed her plan to operate a digital marketing and mobile application consultancy had… Dismissed2024-07-22The appeal was dismissed because the petitioner failed to demonstrate that her proposed endeavor had national importance. The Director and AAO concluded that the evidence did not show the potential impact would extend… Dismissed2024-06-11The appeal was dismissed because the petitioner failed to demonstrate the national importance of her proposed endeavor. While the AAO agreed her work had substantial merit, she did not provide sufficient evidence to… Dismissed2024-05-06The appeal was dismissed because the petitioner failed to establish that his proposed endeavor has national importance, a key requirement of the first prong of the Dhanasar framework. The AAO found that the evidence did… Dismissed2024-04-02The appeal was dismissed because the petitioner failed to establish the 'national importance' of her proposed marketing consultancy. While her endeavor was found to have 'substantial merit,' the AAO concluded that she…
NYSDOT-era decisions (pre-2017)

Outcomes by Year

YearDismissedSustainedRemandedTotal
20131 (—)001
20121 (—)001
20091 (—)001
20050 (—)011

Criteria Discussed

CriterionIn DismissedIn SustainedTotal
Intrinsic merit (NYSDOT)303
National in scope (NYSDOT)303
Substantially greater degree than U.S. worker (NYSDOT)303

Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2020–2025); the prior NYSDOT framework applied different legal standards. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.

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