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 progressive experience in civil engineering and construction projects, sought an NIW to continue his professional endeavor in that field.
Field: civil engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found, and AAO agreed, that Petitioner qualifies as an advanced degree professional based on a bachelor's degree plus five years of progressive experience.
Prong 1 — national importanceestablished
“the Director concluded that the Petitioner demonstrated the substantial merit of the proposed endeavor but not its national importance”
AAO decision text
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Notable
AAO remanded due to procedural defect: the Director's RFE stated the record already established national importance, but the denial then found national importance lacking without giving Petitioner notice or opportunity to respond, and the Director made no findings on prongs two and three despite denying solely on prong one.
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
- 8 C.F.R. 204.5(k)(2)
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Director denied on prong-1 national importance despite RFE having stated that prong was already satisfied, denying Petitioner notice/opportunity to respond; AAO remanded for proper Soriano-compliant review of all three prongs.
If USCIS RFE concedes a prong, but denial reverses that concession, appeal on procedural notice grounds (Soriano) rather than only re-arguing the merits.
vague
mixed
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