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 IT consultant, proposed to offer technological solutions to clients that are innovative and adaptable to their needs, aiming to increase client competitiveness and growth.
Field: information technology · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director erroneously declined to evaluate exceptional-ability eligibility after finding no advanced degree, and made no finding on the underlying EB-2 classification; AAO remands for the Director to make this determination.
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Notable
AAO remands not on the merits of the Dhanasar prongs but because the Director applied unsupported legal standards (e.g., requiring duties be 'unique or unusual' and requiring 'an interest of the government or its agency') and failed to analyze the third prong at all, thereby denying the Petitioner a fair opportunity to contest the decision.
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
- Flores v. Garland
What this case teaches
Analyst reading of the decision text.
The Director applied incorrect legal standards (requiring government interest and 'unique/unusual' duties) and failed to determine underlying EB-2 classification or analyze prong three, requiring remand.
Petitioners should ensure adjudicators apply correct Dhanasar standards; appeal directors' legally unsupported requirements (e.g., 'unique duties,' mandatory government interest) rather than accept denial framing.
vague
economic_growth_generic
mixed
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