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 Beneficiary served as an import and export manager for a petitioning international trade company, with the petition proposing to waive the job offer requirement for this role.
Field: international trade / import-export management · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director never made a finding on whether the Beneficiary qualifies as a member of the professions holding an advanced degree; the AAO remands because the record does not establish this threshold issue was resolved below.
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Notable
Procedural remand: the Director conducted a Dhanasar analysis without first determining threshold EB-2 advanced-degree eligibility, and the Director's decision failed to address the Petitioner's RFE response at all. The AAO expresses no opinion on the ultimate merits and remands for a complete decision addressing threshold eligibility and all three Dhanasar prongs.
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
- INA 203(b)(2)
What this case teaches
Analyst reading of the decision text.
Procedural defect: Director never determined threshold advanced-degree professional eligibility nor addressed all Dhanasar prongs, making the decision unreviewable and requiring remand.
Ensure the adjudicator's decision (and petitioner's response) fully addresses the EB-2 threshold classification and all three Dhanasar prongs to avoid remand on procedural grounds.
vague
mixed
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