NIW Bearings
remandedAPR232024_01B52032024-04-23 · 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 proposed to work in the United States as a computer and information systems manager or executive, helping American companies optimize technology and information systems use.

Field: computer and information systems management · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO found the Petitioner's combined foreign associate degree and one-year graduate study do not equate to a single U.S. bachelor's-plus-master's equivalency; advanced degree professional classification not established. Exceptional ability claim remanded for Director's first review.

Prong 1 — national importanceestablished

the decision does not sufficiently explain the basis for this determination
the Director's decision did not meaningfully address the evidence submitted with the petition or in response to a request for evidence

AAO decision text

How the evidence was treated

  • degree · discounted
    the Petitioner has not established that he earned the foreign equivalent of either a U.S. academic or professional degree above that of a bachelor's degree
    AAO decision text
  • resume experience · credited
  • business plan · ignored
    the decision does not sufficiently explain the reasons the Petitioner does not demonstrate the national importance of his proposed endeavor
    AAO decision text
  • recommendation letter · ignored
    the Director's decision did not reference or analyze these documents
    AAO decision text
  • other · ignored
    the Director's decision did not reference or analyze these documents
    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 withdrew the Director's finding that the Petitioner qualified as an advanced degree professional (combining a foreign associate degree and one-year graduate equivalency does not equal a master's), and separately criticized the Director for failing to address substantial record evidence (additional professional plan, opinion letters, articles/government reports) before concluding national importance was unmet, remanding for full Dhanasar analysis including unaddressed prongs 2 and 3.

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)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Flores v. Garland
  • Kazarian v. USCIS
  • USCIS Policy Manual F.5(B)(2)
  • USCIS Policy Manual F.5(D)(1)
  • Visinscaia v. Beers

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director's denial was conclusory: it found no national importance and ignored second/third Dhanasar prongs without addressing the professional plan, opinion letters, or government reports submitted, requiring remand for proper analysis.

Transferable lesson

Adjudicators and petitioners alike must explicitly tie submitted evidence to each Dhanasar prong and to the specific endeavor's scale of impact, not just assert importance conclusorily.

Endeavor framing

vague

National-importance theory

field_advancement · economic_growth_generic · us_competitiveness

Evidence targeting

mixed

Cases in adjacent profiles