NIW Bearings
remandedFEB212023_02B52032023-02-21 · 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 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.

Decisive factor

Procedural defect: Director never determined threshold advanced-degree professional eligibility nor addressed all Dhanasar prongs, making the decision unreviewable and requiring remand.

Transferable lesson

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.

Endeavor framing

vague

Evidence targeting

mixed

Cases in adjacent profiles