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 and environmental engineering researcher, sought to work in the U.S. in his research field, though the specific endeavor is not detailed in this remand decision.
Field: civil and environmental engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
The record does not establish whether the Petitioner qualifies as a member of the professions holding an advanced degree; the Director skipped this determination and proceeded directly to the Dhanasar analysis.
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Notable
This is a procedural remand: the AAO did not reach any Dhanasar prong because the Director never first determined whether the Petitioner qualifies for the underlying EB-2 advanced-degree classification. The AAO found the Director's decision 'insufficient for review' and remanded for a proper threshold determination before any national interest waiver analysis, expressing 'no opinion regarding the ultimate resolution of this case on remand.'
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 failed to first determine whether Petitioner qualified as an advanced-degree professional before conducting the Dhanasar NIW analysis, making the decision unreviewable.
Ensure the underlying visa classification (advanced degree/exceptional ability) is adjudicated and documented before NIW discretionary analysis, or risk remand on procedural grounds.
vague
mixed
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