NIW Bearings
remandedMAY252023_04B52032023-05-25 · 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, an entrepreneur and educational psychologist from Colombia, proposed research and training on suicide prevention in children/adolescents and teaching support in psychology and education, later described through a business plan offering consulting services to schools.

Field: educational psychology · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner's Colombian degrees to be the foreign equivalent of a U.S. master's degree, satisfying advanced-degree professional classification; not disputed on appeal.

Prong 1 — national importanceestablished

Prong 2 — well positionedestablished

Prong 3 — balance of factorsestablished

How the evidence was treated

  • business plan · ignored
  • recommendation letter · ignored
  • resume experience · ignored
  • certification membership · ignored
  • degree · credited

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

This is an unusual outcome: the AAO does not find any Dhanasar prong unmet, but instead withdraws the Director's decision for all three prongs because the Director's explanations were conclusory and failed to adequately address the record, remanding for a new decision without expressing any opinion on the merits.

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
  • 8 C.F.R. 204.5(k)(2)
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director's decision was conclusory across all three Dhanasar prongs, failing to identify the endeavor, analyze evidence, or explain reasoning, precluding meaningful appellate review; AAO remanded for proper analysis.

Transferable lesson

Complete Part 6 and articulate a specific, well-defined endeavor; ensure adjudicators (and petitioners) tie evidence explicitly to each Dhanasar prong with reasoned analysis, not conclusions.

Endeavor framing

vague

National-importance theory

public_health · economic_job_creation · field_advancement

Evidence targeting

mixed

Cases in adjacent profiles