NIW Bearings
remandedAPR232019_01B52032019-04-23 · 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 information technology manager with progressive experience in consulting and technical management roles, sought EB-2 classification and a national interest waiver, though the specific proposed endeavor was not detailed in this decision.

Field: information technology management · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO found the Petitioner qualifies as a member of the professions holding an advanced degree based on a bachelor's degree plus five years of progressive post-baccalaureate experience; exceptional ability was not further addressed as unnecessary.

How the evidence was treated

  • degree · credited
  • resume experience · credited

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Notable

The Director's denial addressed only exceptional-ability eligibility and never analyzed the national interest waiver prongs under Dhanasar; the AAO found advanced-degree eligibility met via progressive experience and remanded solely for the Director to conduct the Dhanasar analysis in the first instance, without reaching any of the three NIW prongs itself.

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. 204.5(k)(2)
  • INA 203(b)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director denied only on exceptional-ability grounds and never addressed the NIW Dhanasar factors after AAO found Petitioner qualified via advanced-degree equivalency; case remanded for that missing analysis.

Transferable lesson

Ensure the agency actually reaches and adjudicates all three Dhanasar prongs; a denial resting solely on underlying classification leaves NIW merits undecided and requires remand.

Endeavor framing

vague

Evidence targeting

person_focused

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