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 Petitioner's proposed endeavor; it addresses only whether the Petitioner qualifies as a member of the professions holding an advanced degree.
Field: physics · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director made internally conflicting statements about whether the Petitioner's foreign bachelor's degree, subsequent U.S. master's coursework, and work experience established advanced-degree eligibility, ultimately concluding both that the Petitioner did and did not qualify; AAO remanded for clarification rather than resolving the threshold issue itself.
How the evidence was treated
- degree · discounted
- resume experience · credited
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Notable
This is a procedural remand: the AAO withdrew the Director's decision because it contained contradictory findings on the threshold advanced-degree question (e.g., concluding the Petitioner both did and did not qualify), and it directed the Director to issue a clearer decision on remand. No national interest waiver prongs were analyzed, and the AAO expressed no opinion on the ultimate outcome.
What this case teaches
Analyst reading of the decision text.
Director issued internally contradictory findings on whether Petitioner qualified as an advanced-degree professional, precluding meaningful appellate review; case remanded for clear explanation.
Ensure threshold eligibility findings (e.g., advanced degree) are clearly and consistently resolved before challenging NIW merits, as unclear denials warrant remand rather than final adjudication.
vague
mixed
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