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 medical scientist from Korea, proposed to research and develop diet-related consumer products and safe pain-relief medical devices in the United States, including establishing a related business.
Field: medical science / nutrition and medical devices · Read the decision (uscis.gov)
How the evidence was treated
- recommendation letter · discounted
“email exchanges ... confirm that [the Petitioner's] immigration lawyer drafted all of the letters, and the only role that the signers took was to provide a signature.”
AAO decision text - business plan · ignored
- citations publications · discounted
“The article did not include [the Petitioner] as an author or any evidence showing he was included in the research.”
AAO decision text - motion resubmission · ignored
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Notable
This case involves revocation of a previously approved NIW petition based on an embassy interview and alleged willful misrepresentation (fabricated recommendation letters, exaggerated research role) rather than a denial on the merits. The AAO did not reach any Dhanasar prong analysis; it remanded solely because the Director's NOIR and revocation notice failed to properly identify grounds, address the petitioner's rebuttal, and conduct a proper prong-by-prong analysis, ordering issuance of a new NOIR.
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
- Matter of Ho
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Director's NOIR and revocation failed procedurally: new derogatory evidence (email exchanges, lawyer-drafted letters) was used in the final revocation without prior notice, and no explicit Dhanasar prong 2/3 analysis was conducted, requiring remand.
USCIS must specify all grounds and evidence in the NOIR before relying on them in a final revocation, and must expressly analyze each Dhanasar prong rather than issuing conclusory statements.
vague
public_health · economic_growth_generic
mixed
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