NIW Bearings
remandedMAY122021_03B52032021-05-12 · appeal · Nebraska 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 decision does not describe the Petitioner's proposed endeavor in the United States; the AAO noted the record lacked sufficient information about it even to attempt a Dhanasar analysis.

Field: defense studies / security analysis · Read the decision (uscis.gov)

EB-2 threshold — not met

The record contained foreign degree certificates and exam certifications but no independent credentials evaluation establishing that the Petitioner's bachelor's and master's degrees are equivalent to U.S. degrees, so advanced-degree membership in the professions could not be confirmed; the AAO remanded for the Director to make this determination.

How the evidence was treated

  • degree · discounted
    the record does not establish either that the Petitioner's bachelor's degree is equivalent to a U.S. bachelor's degree
    AAO decision text
  • certification membership · discounted
    The certifications do not indicate that the foreign degrees are equivalent to a U.S. bachelor's and master's degree
    AAO decision text

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Notable

This decision resolves on a threshold eligibility issue (foreign degree equivalency), not on the Dhanasar prongs. The AAO withdrew the Director's finding that the advanced-degree requirement was met and remanded for a proper final merits determination, expressly declining to reach any NIW prong analysis; a footnote also flags that the record lacked sufficient information on the proposed endeavor to analyze the Dhanasar prongs at all.

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. 103.2(b)(1)
  • 8 C.F.R. 204.5(k)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director's finding that Petitioner qualified as advanced-degree professional was unsupported because no credentials evaluation established foreign degrees' U.S. equivalency; remanded for proper determination.

Transferable lesson

Submit independent credential evaluations for foreign degrees and clearly articulate the specific proposed endeavor at filing, not just credentials.

Endeavor framing

vague

Evidence targeting

person_focused

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