NIW Bearings
remandedAPR132023_02B52032023-04-13 · 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.

A civil engineer with over 22 years of experience proposed to continue working with U.S. companies in the oil, gas, industrial, commercial, and naval sectors, including constructing and improving oil refineries and other large-scale structures.

Field: civil engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and the record supports, that the Petitioner holds the equivalent of a U.S. bachelor's degree in civil engineering plus more than five years of progressive experience, satisfying the advanced-degree professional category.

How the evidence was treated

  • recommendation letter · ignored
    the Director did not discuss other evidence in the record, including the expert opinion letter, the Petitioner's recommendation letters, and various industry reports
    AAO decision text
  • other · ignored
  • other · discounted
    such a shortage does not, by itself, establish that your work stands to impact the broader field or otherwise have implications rising to the level of national importance
    AAO decision text

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

AAO remanded solely due to the Director's failure to fully analyze the record (ignoring the expert opinion letter, recommendation letters, and industry reports, and failing to address prong 2 at all), rather than reaching any independent determination on the merits; the AAO explicitly stated it 'express[ed] no opinion regarding the ultimate resolution of this case on remand.'

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
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

AAO remanded not on merits but because the Director failed to review/discuss key record evidence (expert letter, recommendations, industry reports) and inadequately explained the denial across all three Dhanasar prongs.

Transferable lesson

Adjudicators must engage with the full record; petitioners should ensure all submitted evidence is substantively addressed, and appeal procedural gaps in the denial's reasoning.

Endeavor framing

vague

National-importance theory

stem_positive_factor · economic_growth_generic · geographic_or_shortage_area · field_advancement

Evidence targeting

mixed

Cases in adjacent profiles