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 physical therapist, sought EB-2 classification with a national interest waiver; the decision does not describe the specific proposed endeavor.
Field: physical therapy · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director never determined whether the Petitioner qualifies as a member of the professions holding an advanced degree before conducting the Dhanasar analysis; the AAO found the record insufficient to resolve this threshold issue and remanded rather than affirming a failure.
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Notable
Procedurally unusual: the AAO did not reach any Dhanasar prong analysis at all. Instead it found the Director's decision 'insufficient for review' because the Director skipped the threshold advanced-degree/professional classification determination before jumping into the NIW merits analysis, and remanded for the Director to first resolve that threshold issue and then issue a new decision, expressing no opinion on the ultimate outcome.
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 threshold determination of whether Petitioner qualifies as an advanced-degree professional under 203(b)(2) before conducting NIW analysis; record insufficient for review.
Ensure adjudicators (and petitioners' briefs) establish underlying visa classification eligibility before or alongside NIW arguments, as skipping this predicate is independently reversible.
vague
mixed
Cases in adjacent profiles
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- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his