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 is a procedural remand and does not detail the Petitioner's specific proposed endeavor beyond identifying him as a mechanical engineer petitioning for an NIW.
Field: mechanical engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found the Petitioner qualified for classification as a member of the professions holding an advanced degree; this was not disputed.
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
This decision does not reach the merits of any Dhanasar prong. The case involves a petition approved in June 2016 under the NYSDOT framework, which USCIS later sought to revoke via NOIR applying the intervening Dhanasar framework (issued December 2016). The AAO remanded solely on the procedural/legal ground that because the petition was already approved and not pending when Dhanasar issued, the Director must evaluate 'good and sufficient cause' for revocation under the NYSDOT framework that applied at the time of approval, not under Dhanasar. If the Director again seeks to revoke, a new NOIR applying NYSDOT standards must be issued.
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)
- Matter of Ho
What this case teaches
Analyst reading of the decision text.
The petition was approved in June 2016 under NYSDOT, before Dhanasar issued in December 2016, so the Director erred by applying Dhanasar retroactively via NOIR; remand required NYSDOT analysis.
When a petition was approved under a prior legal framework, USCIS must evaluate revocation under that same framework, not retroactively apply a later-issued precedent standard.
vague
mixed
Cases in adjacent profiles
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod