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 technology-based business operations specialist, sought EB-2 classification with a national interest waiver based on his claimed expertise and role in the semiconductor/technology field.
Field: technology-based business operations (semiconductor sales) · Read the decision (uscis.gov)
How the evidence was treated
- recommendation letter · discounted
“Comparison letters showed to be modified from _ to add more content and added in the English version that he is considered an expert”
AAO decision text
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Notable
This decision does not reach the Dhanasar prongs at all. It concerns the Director's revocation of an already-approved NIW petition on the ground of alleged material misrepresentation (inconsistent visa-interview statements about semiconductor expertise and modified/altered recommendation letters). The AAO remanded not because any NIW prong failed, but because the Director's revocation decision failed to specifically address the Petitioner's NOIR rebuttal arguments and evidence, violating 8 C.F.R. § 205.2(c)'s requirement to state specific reasons for revocation.
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
- Matter of Ho
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Director revoked approval citing misrepresentation but failed to address Petitioner's NOIR rebuttal evidence/arguments, violating 8 C.F.R. 205.2(c)'s requirement for specific reasons.
When responding to a NOIR, ensure the agency decision explicitly engages rebuttal evidence; procedural silence on rebuttal is independently reversible regardless of merits.
vague
mixed
Cases in adjacent profiles
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- 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
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