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, an international legal consultant, sought EB-2 classification as an individual of exceptional ability and a national interest waiver of the job offer requirement.
Field: international legal consulting · Read the decision (uscis.gov)
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Notable
This decision does not reach the merits of any Dhanasar prong. The sole issue is procedural: the petition was approved in May 2016 under the NYSDOT framework, but the Director later issued a NOIR and revoked approval by applying the post-December-2016 Dhanasar framework retroactively. The AAO held that because the petition was not pending when Dhanasar was issued, the Director should have evaluated the NOIR under the NYSDOT framework in effect at the time of approval, and remanded for the Director to reconsider under NYSDOT and, if revocation is still intended, to issue a new NOIR under that framework.
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)
- Matter of Ho
- Section 291 of the Act
What this case teaches
Analyst reading of the decision text.
Petition was approved under NYSDOT before Dhanasar issued and was not pending when Dhanasar came out, so Director erred by revoking based on the newer Dhanasar framework instead of NYSDOT.
When a framework change occurs mid-proceeding, confirm which precedent governed at approval; petitions approved under a prior framework must be revoked only under that same framework's standards.
vague
mixed
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