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 business manager, proposed to work as an entrepreneur and expand her existing business in the food and beverage industry.
Field: food and beverage industry / business management · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director had already concluded the Petitioner qualified as an advanced degree professional; this was not disputed on appeal.
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Notable
AAO did not reach any Dhanasar prong analysis. Instead, it remanded solely on procedural grounds because the Director's denial 'did not meet these requirements' of fully explaining reasons for denial, citing 8 C.F.R. 103.3(a)(1)(i) and Matter of M-P-. The Director's decision was withdrawn for lack of any substantive discussion of the evidence, and the matter was returned for a new decision that actually engages with the record.
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.
- Flores v. Garland
What this case teaches
Analyst reading of the decision text.
The Director's denial lacked any substantive analysis, listing of evidence, or explanation of reasoning, denying the Petitioner meaningful opportunity to contest and AAO meaningful review, requiring remand.
This is a procedural remand: petitioners should note that inadequate agency explanation, not case merits, drove reversal; substantive NIW analysis remains undecided on remand.
vague
economic_growth_generic
mixed
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