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, an analytical strategist, proposed to revive and expand his own company, diversify his businesses to generate jobs, and support training activities in the United States.
Field: business strategy/analytical consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
The record lacked academic transcripts or a credential evaluation needed to confirm the U.S. equivalency of the Petitioner's Brazilian degrees; the AAO did not resolve this and remanded it to the Director for determination, including whether five years of post-baccalaureate progressive experience could substitute if only a bachelor's equivalency is found.
How the evidence was treated
- degree · discounted
“the record does not include academic transcripts for either of the Petitioner's academic programs”
AAO decision text
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Notable
The Director denied the petition solely on a finding of willful misrepresentation without ever addressing the Petitioner's EB-2 advanced-degree eligibility or the merits of the NIW request, and without giving proper notice of the specific misrepresentation basis; the AAO withdrew the misrepresentation finding entirely and remanded for the Director to conduct the threshold EB-2 and Dhanasar analyses in the first instance, instructing that if misrepresentation is again alleged, proper notice must be given.
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.
Director based denial solely on an unadjudicated willful misrepresentation finding without ever addressing EB-2 eligibility or Dhanasar prongs, requiring remand for a complete decision.
Adjudicators must resolve threshold eligibility and merits issues (advanced degree, defined endeavor, Dhanasar prongs) before relying on collateral misrepresentation findings to deny a petition.
vague
economic_job_creation · economic_growth_generic
person_focused
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