NIW Bearings
remandedJUL032024_07B52032024-07-03 · 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 Petitioner intended to work as an information technologist developing new models to advance security and efficiency in data management for the financial services sector, and to eventually run her own consulting firm providing technology solutions to startups and small businesses.

Field: information systems and data management · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional; not disputed.

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Notable

This decision does not adjudicate the Dhanasar prongs on the merits; instead the AAO remands due to the Director's procedural errors—mischaracterizing the endeavor (calling it 'travel'), misidentifying the petitioner's company, referencing unrelated degrees, and raising an occupational-shortage argument the petitioner never made. The AAO withdraws the denial for insufficient explanation under 8 C.F.R. 103.3(a)(i), citing Matter of M-P- on the need for a meaningful appellate review, and expresses no opinion on the ultimate outcome.

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
  • Flores v. Garland

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director mischaracterized the proposed endeavor and failed to meaningfully analyze record evidence under all three Dhanasar prongs, precluding fair review.

Transferable lesson

Ensure adjudicators' decisions engage specifically with the endeavor as described in the record; procedural/analytical deficiencies below can force remand regardless of merits.

Endeavor framing

moderate

National-importance theory

national_security · economic_growth_generic

Evidence targeting

mixed

Cases in adjacent profiles