NIW Bearings
remandedAUG062024_09B52032024-08-06 · 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, a craft beer brewer, sought to use his expertise as an entrepreneur and business executive to bring his craft beer brand and business operations to the United States.

Field: craft beer brewing · Read the decision (uscis.gov)

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Notable

This decision is not a substantive merits determination on any Dhanasar prong. The AAO remanded solely because the Director's denial was so disorganized that it could not be meaningfully reviewed, mixing discussion of prong 1, prong 3, job offer requirements, and the preponderance standard together without clear analysis. The AAO withdrew the decision and instructed the Director to issue a new, clearer decision addressing both the underlying EB-2 classification and all three Dhanasar prongs.

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.

Decisive factor

The Director's decision was so disorganized and conflated across Dhanasar prongs that meaningful appellate review was impossible, requiring remand for a legally coherent decision.

Transferable lesson

Ensure adjudicative decisions (and petitions) clearly separate and address each Dhanasar prong with explicit findings tied to national-scale impact, not just credentials.

Endeavor framing

vague

National-importance theory

economic_growth_generic · other

Evidence targeting

person_focused

Cases in adjacent profiles