NIW Bearings
remandedMAY282025_05B52032025-05-28 · appeal

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.

Decisive factor

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.

Transferable lesson

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.

Endeavor framing

vague

Evidence targeting

mixed

Cases in adjacent profiles