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 decision does not describe the specific endeavor; the Petitioner is identified only as an engineer seeking classification and a national interest waiver.
Field: engineering · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director never determined whether the Petitioner qualifies as a member of the professions holding an advanced degree before proceeding to the Dhanasar analysis; the AAO found the record insufficient to review this threshold question and remanded rather than ruling it unmet.
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Notable
Procedurally unusual: the AAO remands not because any Dhanasar prong failed, but because the Director skipped the antecedent question of advanced-degree/professional classification eligibility before conducting the national interest waiver analysis. The AAO expressly declines to reach or opine on the merits of any prong, stating 'we express no opinion regarding the ultimate resolution of this case on remand.'
What this case teaches
Analyst reading of the decision text.
The Director conducted a Dhanasar NIW analysis without first determining whether Petitioner qualified for the underlying EB-2 advanced-degree classification, making the decision unreviewable.
Ensure the record clearly establishes underlying visa classification eligibility (e.g., advanced degree) before or alongside the NIW merits analysis, as adjudicators must resolve threshold eligibility first.
vague
mixed
Cases in adjacent profiles
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