NIW Bearings
remandedMAR292023_05B52032023-03-29 · appeal · Texas Service Center

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 practitioner with a background in public health, proposed to work on the prevention of maternal and infant micro and macro-nutrient deficiency through research.

Field: maternal and infant micro/macro-nutrient deficiency research (public health) · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director never made a finding on EB-2 eligibility, and required transcript/credential evaluation documents were missing from the record; AAO remands for this to be addressed rather than finding failure itself.

How the evidence was treated

  • business plan · ignored
    the Director referenced a business plan submitted by the Petitioner, although there is no business plan in the record.
    AAO decision text
  • certification membership · ignored
    the Petitioner "submitted documentation of his professional memberships"... which does not appear to relate to the Petitioner's filing.
    AAO decision text
  • citations publications · ignored
  • degree · ignored

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Notable

This decision does not reach any Dhanasar prong analysis on the merits; instead, the AAO remands because the Director's decision was internally incoherent, mischaracterized the record (confusing the Petitioner's endeavor with an unrelated transportation-safety endeavor, mixing masculine/feminine pronouns, referencing evidence such as a business plan and proof of income that were not in the record, and referencing a different petitioner's project-manager role), rendering the decision insufficient for review under 8 C.F.R. 103.3(a)(i) and Matter of M-P-.

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
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director's decision was unreviewable: no EB-2 classification finding, analysis of an unrelated endeavor (transportation safety), and reliance on evidence/documents not in the record.

Transferable lesson

Ensure the adjudicator's decision accurately reflects the record; on appeal, highlight factual mismatches between the denial's reasoning and actual filed evidence to obtain remand.

Endeavor framing

moderate

National-importance theory

public_health

Evidence targeting

mixed

Cases in adjacent profiles