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 veterinarian, sought EB-2 classification with a national interest waiver of the job offer requirement; the substance of his proposed endeavor was not reached in this decision.
Field: veterinary medicine · Read the decision (uscis.gov)
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Notable
This decision does not reach any NIW prong; the Director denied the petition solely for failure to submit ETA Form 750 Part B / ETA Form 9089, a basis not raised in the NOID. The AAO remanded for a new decision on procedural notice grounds under 8 C.F.R. 103.2(b)(8)(iv), expressing no opinion on the merits of eligibility. The Petitioner, initially represented by an attorney he later terminated, proceeded pro se on appeal, blaming prior counsel for the missing forms.
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.
NOID cited missing evidence generally but denial was based solely on missing ETA Form 750B/9089, never identified in NOID as a denial basis, violating 8 CFR 103.2(b)(8)(iv) notice requirement.
Ensure NOID responses address every evidentiary gap; if USCIS denies on a ground not specified in the NOID, challenge the denial for inadequate notice under 8 CFR 103.2(b)(8)(iv).
vague
mixed
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