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 civil/transportation engineer, sought EB-2 classification with a national interest waiver based on his engineering research and professional contributions.
Field: civil engineering (transportation) · Read the decision (uscis.gov)
How the evidence was treated
- recommendation letter · discounted
“USCIS confirmed the letters lacked credibility and that [the Petitioner] purposely exaggerates their past employment and job duties.”
AAO decision text - resume experience · discounted
“[The Petitioner's] position as a journeyman level transportation engineer had marginal research responsibilities and was supervised by higher-level engineers.”
AAO decision text - citations publications · discounted
“[The Petitioner] had minimal published technical publications in comparison to all of the engineering professionals that wrote letters of recommendation for him.”
AAO decision text
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Notable
This decision does not address NIW eligibility on the merits at all; it concerns SCOPS' procedural failure to properly revoke a previously-approved NIW petition on fraud/misrepresentation grounds. The AAO found the NOIR and revocation decision failed to specify the derogatory information (which recommendation letters were allegedly self-written) or provide a meaningful rebuttal opportunity, and remanded for issuance of a new NOIR and decision, expressing no opinion on the ultimate NIW eligibility determination.
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.
- Matter of Ho
What this case teaches
Analyst reading of the decision text.
SCOPS failed to provide specific, adequately-detailed NOIR and revocation notice identifying which letters/facts were fraudulent, denying petitioner a meaningful rebuttal opportunity, violating regulatory notice requirements.
Agencies must issue NOIRs with specific factual allegations and evidence; petitioners should challenge vague revocation notices lacking particularized derogatory-information disclosure and rebuttal opportunity.
vague
person_focused
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