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 software development manager, sought an EB-2 national interest waiver based on his work in software development. The specific proposed endeavor was not substantively analyzed due to the remand on threshold eligibility grounds.
Field: software development management · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS denied on threshold EB-2 grounds, finding foreign degree documents illegible and translation certifications insufficient. AAO found SCOPS' decision lacked adequate rationale, noting SCOPS overlooked evidence already in the record (translations submitted with initial petition, Petitioner's explanation for resubmitted diploma). AAO remanded for proper review without expressing opinion on ultimate resolution.
How the evidence was treated
- degree · discounted
“the Petitioner's foreign degree documents were 'unclear and illegible' and the English translation certifications were 'insufficient' as filed”
AAO decision text - motion resubmission · discounted
“these documents had not been provided with the initial filing and that the Petitioner had provided no explanation as to why they were not submitted earlier”
AAO decision text
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Notable
This is a pure procedural remand: the AAO found SCOPS' denial inadequately reasoned and factually inaccurate — SCOPS incorrectly stated that translations and explanations were absent from the record when they had in fact been submitted. The AAO explicitly noted that SCOPS appeared not to have fully reviewed the record. No NIW prong analysis was conducted. The case was remanded solely on threshold EB-2 eligibility (advanced degree documentation). The AAO expressly reserved opinion on the ultimate outcome.
What this case teaches
Analyst reading of the decision text.
SCOPS denial lacked adequate rationale and misstated the record (e.g., claiming translations/transcripts were missing when they were in fact submitted), requiring remand for proper review.
Ensure initial filing includes clear, complete, properly certified translations and legible diplomas; document any resubmission explanations clearly to preempt adjudicator error.
vague
mixed
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