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 civil engineer with a master's degree, sought an NIW based on a proposed endeavor in civil engineering; the specific nature of the endeavor is not detailed in this decision.
Field: civil engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS found, and AAO agreed, that the Petitioner qualifies as an advanced degree professional based on his master's degree in civil engineering.
Prong 1 — national importanceestablished
Prong 2 — well positionedestablished
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Notable
This is a procedural remand rather than a merits decision: the AAO withdrew SCOPS' denial because it contained contradictory findings on prong 1 (stating both that national importance was and was not established) and provided no substantive analysis for its prong 2 finding, merely a bullet-point evidence summary. The AAO expressly declined to opine on the ultimate merits and instructed SCOPS to re-analyze all three Dhanasar prongs on remand.
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
What this case teaches
Analyst reading of the decision text.
SCOPS issued contradictory findings on prong 1 and provided no analysis at all for prong 2, making the decision unreviewable; AAO remanded rather than ruling on merits.
This is a procedural remand for adjudicator error, not a merits lesson; petitioners should still ensure clear, well-supported prong-1 and prong-2 evidence for the redo decision.
vague
mixed
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