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 systems engineering specialist, proposed to establish a software solutions consultancy firm in Florida.
Field: information technology / systems engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO found the record supports the petitioner qualifies as an advanced degree professional; this was not disputed.
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Notable
AAO withdrew SCOPS' denial not on the merits of the Dhanasar prongs but because SCOPS mischaracterized the petitioner's endeavor (confusing it with an unrelated case involving 'language education' and bilingualism) and failed to analyze the evidence or explain its reasoning, rendering the decision unreviewable under 8 C.F.R. 103.3(a)(1)(i),(iii). The matter was remanded for a new decision without AAO expressing any view on the ultimate eligibility determination.
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.
SCOPS's decision was procedurally defective: it mischaracterized the proposed endeavor (confusing it with an unrelated bilingual-education case) and failed to analyze the actual evidence or explain its reasoning under any Dhanasar prong, requiring remand.
When an agency decision misidentifies the endeavor or evidence, appeal on procedural/due-process grounds (8 C.F.R. § 103.3(a)(1)) rather than solely re-litigating the merits.
moderate
mixed
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