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 decision does not describe the substance of the proposed endeavor because the case was remanded on a threshold classification issue before any national-interest-waiver analysis occurred.
Field: international trade · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director conducted a Dhanasar national-interest-waiver analysis without first determining whether the Petitioner qualifies as a member of the professions holding an advanced degree; the AAO found this insufficient for review and remanded rather than resolving the issue.
How the evidence was treated
- degree · ignored
“the Director declined to evaluate the evidence submitted in response to the RFE”
AAO decision text - resume experience · ignored
“the Director declined to evaluate the evidence submitted in response to the RFE”
AAO decision text
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Notable
Unusual procedural posture: the AAO remanded not because the NIW prongs were unmet but because the Director skipped the antecedent advanced-degree/professional classification determination entirely, conducting a Dhanasar analysis prematurely. The AAO expressly declines to opine on the ultimate merits.
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.
- INA 203(b)(2)
What this case teaches
Analyst reading of the decision text.
Director skipped the threshold determination of whether Petitioner qualifies as a member of the professions holding an advanced degree before conducting a Dhanasar analysis, making the decision unreviewable.
Ensure the underlying visa classification (e.g., advanced degree professional) is adjudicated and documented before NIW merits are addressed, or an appeal may result in remand regardless of NIW strength.
vague
mixed
Cases in adjacent profiles
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- 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