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 hazardous waste management consultant, sought to work in the U.S. in logistics and operations management, claiming eligibility as an advanced degree professional or individual of exceptional ability.
Field: hazardous waste management / logistics and operations management · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO withdrew Director's finding that Petitioner qualified as advanced degree professional because Director never reviewed evidence of five years' progressive post-baccalaureate experience submitted in lieu of an advanced degree; also remanded for consideration of exceptional ability criteria never addressed by Director.
How the evidence was treated
- resume experience · ignored
“The Director has not yet reviewed this evidence.”
AAO decision text - degree · discounted
- certification membership · ignored
“The Director has not yet reviewed this evidence.”
AAO decision text
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Notable
This decision does not reach any Dhanasar prong on the merits; it remands purely on threshold EB-2 classification grounds because the Director failed to review submitted experience/certification evidence and provided an inadequately explained NIW analysis. AAO cites Matter of M-P- for the principle that decisions must fully explain reasons for denial to permit meaningful appellate review.
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
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Director failed to first resolve threshold EB-2 classification (advanced degree via alternative evidence, or exceptional ability) and gave a conclusory Dhanasar analysis lacking evidentiary engagement, requiring remand.
Ensure the Director/adjudicator fully addresses threshold classification evidence and explains all three Dhanasar prongs with record citations to avoid remand for inadequate explanation.
vague
person_focused
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