NIW Bearings
remandedMAY252023_08B52032023-05-25 · 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, a systems developer, proposed to work as an information technology professional in the United States, claiming her endeavor would produce substantial positive economic effects with national or global implications.

Field: information technology / systems development · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as an advanced degree professional; not contested on appeal.

Prong 1 — national importanceestablished

We agree with the Petitioner that the decision did not contain a proper analysis of the proposed endeavor's substantial merit or a sufficient discussion explaining why she had not satisfied this requirement.
Aside from stating, "It appears that the [P]etitioner will work as an Information Technology professional," there is no specific discussion of the proposed endeavor or explanation for the Director's conclusion that the proposed endeavor does not have national importance.

AAO decision text

Prong 3 — balance of factorsestablished

the Director did not adequately discuss the evidence and sufficiently explain the basis for this determination.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the letter does not exempt the [P]etitioner from establishing eligibility with independent, documentary evidence.
    AAO decision text
  • business plan · ignored

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Notable

The AAO did not resolve the merits of any Dhanasar prong; instead it withdrew the Director's decision because the denial's language on substantial merit and national importance was copied almost verbatim from the RFE and failed to address RFE-response evidence (a professional plan and 17-page statement), remanding for a properly explained decision as required by Matter of M-P-.

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.

Decisive factor

The Director's denial merely copied RFE language verbatim, failed to analyze submitted evidence (professional plan, 17-page statement) on prongs 1 and 3, and gave no reasoned explanation, violating 8 C.F.R. § 103.3(a)(1)(i).

Transferable lesson

This is a procedural remand for inadequate agency explanation, not a merits ruling; petitioners should note USCIS must specifically address submitted RFE evidence, not just recite boilerplate.

Endeavor framing

moderate

National-importance theory

economic_job_creation · economic_growth_generic

Evidence targeting

mixed

Cases in adjacent profiles