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
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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.
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.
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.
vague
other
mixed
Cases in adjacent profiles
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- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp