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 structural engineer, sought EB-2 classification with a national interest waiver of the job offer requirement.
Field: structural engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director never determined whether Petitioner qualifies as a member of the professions holding an advanced degree; AAO found the record and decision insufficient to review this threshold issue and remanded for a determination.
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Notable
AAO remanded because the Director conducted a Dhanasar national-interest-waiver analysis without first determining whether the Petitioner met the threshold advanced-degree professional classification; the Director also mischaracterized the underlying basis (exceptional ability vs. advanced degree) in the RFE. No Dhanasar prong analysis was reached by the AAO.
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.
Director skipped threshold determination of whether Petitioner qualifies as an advanced-degree professional before conducting Dhanasar NIW analysis, making the decision unreviewable.
Ensure the underlying classification eligibility (e.g., advanced degree/professional status) is adjudicated and documented before the NIW Dhanasar analysis is conducted or challenged.
vague
mixed
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