NIW Bearings
remandedAPR102024_03B52032024-04-10 · appeal · Texas 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, an accounting professional, proposed an endeavor described in a professional plan submitted with the petition, though the specific nature of the endeavor is not detailed in this decision.

Field: accounting · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found five of six exceptional-ability criteria met but never conducted the required final merits determination; AAO remanded for the Director to complete both steps of the exceptional-ability analysis.

How the evidence was treated

  • business plan · ignored
    the Petitioner's statement was insufficient
    AAO decision text
  • recommendation letter · ignored
  • resume experience · ignored
  • certification membership · ignored
  • degree · credited

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

This is a remand decision faulting the Director for conclusory, unexplained denials on both the underlying exceptional-ability threshold and all three Dhanasar prongs, rather than the AAO itself finding the petitioner ineligible; AAO expresses no opinion on the ultimate outcome.

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.

  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Flores v. Garland

What this case teaches

Analyst reading of the decision text.

Decisive factor

The Director's denial was conclusory and unexplained across all three Dhanasar prongs and the exceptional-ability final merits determination, denying the Petitioner a fair opportunity to contest and AAO meaningful review; remanded for proper analysis.

Transferable lesson

Adjudicators must analyze submitted evidence and explain reasoning under each Dhanasar prong; petitioners should ensure the record ties evidence explicitly to each prong to force substantive engagement.

Endeavor framing

vague

National-importance theory

other

Evidence targeting

mixed

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