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 proposed to work as a business management specialist, and later as founder/CEO of a Florida-based consulting firm, providing financial, commercial, marketing, and organizational advisory services to small- and mid-sized U.S. businesses.
Field: business management/consulting (financial, commercial, marketing, organizational advisory) · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director did not reach a determination on EB-2 classification eligibility; AAO remands for the Director to make an initial determination on this issue.
How the evidence was treated
- business plan · credited
- other · credited
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Notable
This is a procedural remand, not a merits determination on the Dhanasar prongs. The AAO found the Director committed a material factual error (mischaracterizing the petitioner's initial proposed endeavor) and improperly disregarded RFE-submitted evidence (including a business plan) as a material change, resulting in conclusory, unreviewable findings on all three prongs and no determination at all on EB-2 classification eligibility. The AAO withdrew the denial and remanded for a proper initial determination, without itself analyzing the merits of any prong.
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
- Matter of Izummi
- Matter of Katigbak
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Director factually erred in finding a material change to the proposed endeavor, then issued conclusory, unanalyzed findings on all three Dhanasar prongs, precluding meaningful appellate review.
Ensure adjudicators (and petitioners) maintain a consistent endeavor description from filing through RFE response; a factually erroneous 'material change' finding can void the entire NIW analysis and force remand.
vague
economic_growth_generic
mixed
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