NIW Bearings
remandedDEC082023_03B52032023-12-08 · 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 civil engineer with a foreign master's degree in structural engineering, proposed to provide civil engineering consulting services through a Florida company he co-founded.

Field: civil/structural engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed with the Director that the Petitioner qualifies for EB-2 classification as an advanced degree professional.

Prong 1 — national importanceestablished

The Director's determination that the Petitioner did not provide a detailed description of the proposed endeavor is not supported by the record and was not adequately explained.
While the evidence of record may ultimately be insufficient to demonstrate the substantial merit and national importance of the proposed endeavor, the Director's determination that the Petitioner did not satisfy the first prong was conclusory

AAO decision text

How the evidence was treated

  • business plan · ignored
  • recommendation letter · ignored
  • media · ignored
  • other · ignored

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Notable

This decision is a remand for insufficient adjudication rather than a merits ruling: the AAO found the Director's denial conclusory, failed to address most evidence and Dhanasar factors, applied heightened standards not found in Dhanasar (e.g., requiring proof the endeavor had already influenced the field), and never reached prongs two or three. The AAO expressly declines to resolve the ultimate eligibility question.

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

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director's denial was conclusory, ignored most submitted evidence (business plan, expert letters, economic-impact evidence) and applied an improper heightened standard, precluding meaningful appellate review.

Transferable lesson

Petitioners should ensure the record explicitly ties endeavor description to national-scale impact evidence, and can seek remand if the agency's denial fails to engage with that evidence under all three Dhanasar prongs.

Endeavor framing

specific

National-importance theory

economic_growth_generic · government_interest

Evidence targeting

mixed

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