NIW Bearings
remandedJUL212022_01B52032022-07-21 · appeal · Nebraska 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, a pediatric dentist, sought EB-2 classification with a national interest waiver of the job offer requirement to practice in the United States.

Field: pediatric dentistry · Read the decision (uscis.gov)

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Notable

The Director's decision erroneously analyzed the first Dhanasar prong as if the Petitioner's endeavor were in astrophysics rather than pediatric dentistry, so the AAO withdrew the decision and remanded without reaching any of the three prongs on their merits, finding the record 'not ready for appellate review.'

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.

  • INA 203(b)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director's decision erroneously evaluated prong 1 for 'astrophysicist' work in physics instead of the Petitioner's actual endeavor in pediatric dentistry, rendering the record unreviewable on appeal.

Transferable lesson

Ensure agency decisions and appellate review address the petitioner's actual field/endeavor; a clerical or substantive field mismatch in the underlying decision compels remand regardless of merits.

Endeavor framing

vague

Evidence targeting

mixed

Cases in adjacent profiles