NIW Bearings
remandedAUG222022_01B52032022-08-22 · 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 general and operations manager, sought to pursue a business-administration-focused endeavor in the United States, while claiming eligibility as an advanced degree professional or individual of exceptional ability.

Field: business administration / general and operations management · Read the decision (uscis.gov)

EB-2 threshold — not met

The Director never determined whether the Petitioner qualifies as a member of the professions holding an advanced degree or as an individual of exceptional ability before conducting the Dhanasar analysis; the degree evaluation in the record addresses architecture, a specialty dissimilar to the business administration focus of the proposed endeavor, leaving the threshold classification unresolved.

How the evidence was treated

  • degree · discounted
    the evaluation addresses the Petitioner's foreign degree in architecture, a specialty dissimilar to business administration
    AAO decision text

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Notable

AAO remanded without reaching any Dhanasar prong analysis because the Director skipped the threshold EB-2 classification determination (advanced degree/exceptional ability) entirely before analyzing the national interest waiver; AAO found the Director's decision 'insufficient for 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. 204.5(k)(2)
  • INA 203(b)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director skipped threshold determination of underlying EB-2 classification (advanced degree/exceptional ability) before conducting Dhanasar NIW analysis; degree evaluation mismatched petitioner's foreign architecture degree to business specialty, making decision unreviewable.

Transferable lesson

Ensure academic credential evaluations match the specialty of the proposed endeavor, and confirm the underlying EB-2 classification is established before NIW prongs are argued or adjudicated.

Endeavor framing

vague

Evidence targeting

mixed

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