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, a journalist, sought to advance democratic values and counter disinformation through journalism and by establishing an institute focused on U.S.-European relations, aimed at strengthening democratic resilience and international security.
Field: journalism / US-European relations institute · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found, and AAO agreed, that the Petitioner qualified as an advanced degree professional based on a foreign equivalent of a U.S. master's degree in pedagogy.
Prong 3 — balance of factorsnot established · dispositive
“As this issue is dispositive of the Petitioner's appeal, we decline to reach and hereby reserve determination of his eligibility under the first and second prongs of the Dhanasar framework.”
“The Petitioner has not shown that it would be impractical either for him to secure a job offer or to obtain a labor certification.”
“The Petitioner also has not demonstrated that the national interest in his contributions is sufficiently urgent to warrant forgoing the labor certification process.”
“Consequently, the Petitioner has not established that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the Petitioner's support letters indicate that several individuals and organizations value his work and have confidence in his ability to succeed”
AAO decision text
Where this case turned
- NEW impracticality not established · p3
- Urgency not established · p3 — no reason shown why the benefit cannot wait for labour certification
Notable
AAO expressly reserved prongs 1 and 2 as unnecessary, resolving the case solely on prong 3's balancing test; it credited petitioner's letters as showing benefit despite availability of other U.S. workers, but found impracticality and urgency unestablished, illustrating that a favorable finding on one balancing factor does not satisfy the prong overall.
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.
- Flores v. Garland
- Matter of L-A-C-
What this case teaches
Analyst reading of the decision text.
Panel reached prong 3 only: while one balancing factor (benefit despite available U.S. workers) was met, Petitioner failed to address impracticality of job offer/labor certification or sufficient urgency, so balance-of-benefit was not established.
Even after satisfying prongs 1-2 concessions, explicitly brief all Dhanasar prong-3 factors—impracticality of a job offer/labor certification and urgency—not just that U.S. workers exist elsewhere.
moderate
national_security · government_interest · us_competitiveness
mixed
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- 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