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 decision does not describe the specific nature of the Petitioner's proposed endeavor, focusing instead on procedural deficiencies in SCOPS' denial.
EB-2 threshold — addressed
SCOPS had already concluded the Petitioner established he was an advanced degree professional; this was not contested.
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Notable
This decision does not substantively analyze the Dhanasar prongs on the merits; instead, the AAO found SCOPS' denial itself deficient due to internal contradictions between the RFE (which found all three Dhanasar prongs met) and the final decision (which found prongs one and three not met), and remanded for a new decision. The AAO expressly declined to opine on the ultimate merits of the case.
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.
SCOPS's RFE found all three Dhanasar prongs met, but the final denial contradicted this on prongs 1 and 3 without reasoned explanation, precluding meaningful review or rebuttal.
If an agency's RFE concedes a prong, a later denial reversing that finding without clear, reasoned explanation is procedurally vulnerable and may warrant remand regardless of merits.
vague
mixed
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp