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 does not describe the specific endeavor; the Petitioner is identified only as an entrepreneur seeking an EB-2 NIW classification.
EB-2 threshold — addressed
The Director never determined whether the Petitioner qualifies as a member of the professions holding an advanced degree (or exceptional ability) before proceeding to the Dhanasar NIW analysis; the AAO found this omission made the decision insufficient for review and remanded for a threshold determination.
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Notable
Procedural remand: the Director conducted a Dhanasar national-interest-waiver analysis without first deciding whether the Petitioner qualified for the underlying EB-2 classification (advanced degree/exceptional ability). The AAO withdrew the decision and remanded for the Director to make that threshold determination first, expressing no opinion on the merits of the NIW prongs.
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 skipped the required threshold determination of advanced-degree/exceptional-ability eligibility before conducting the Dhanasar national interest analysis, making the decision unreviewable.
Ensure USCIS resolves baseline classification eligibility (advanced degree/exceptional ability) before or alongside the Dhanasar analysis to avoid remand on procedural grounds.
vague
mixed
Cases in adjacent profiles
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