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 martial arts instructor, sought to continue working in the United States in that occupation and requested a waiver of the job offer/labor certification requirement.
Field: martial arts instruction · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director's decision did not analyze whether a martial arts instructor qualifies as a profession requiring a baccalaureate degree, nor did it address the exceptional-ability criteria under 8 C.F.R. 204.5(k)(3)(ii); AAO withdrew the Director's finding on this threshold issue and remanded for a proper determination rather than affirmatively finding the threshold unmet.
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Notable
This decision is procedural rather than substantive: the AAO withdrew the Director's threshold advanced-degree finding because the Director never actually analyzed whether a martial arts instructor meets the 'profession' definition, and never gave the Petitioner a chance to submit exceptional-ability evidence despite an RFE. Because the threshold classification was withdrawn, the AAO also withdrew the Director's NIW (prongs one and three) findings without reaching any Dhanasar prong on the merits, remanding for the Director to redo the entire analysis in proper sequence.
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. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- INA 203(b)(2)
- INA 291
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Director failed to first determine underlying EB-2 classification (advanced degree professional or exceptional ability) before reaching NIW prongs, and RFE never solicited exceptional-ability evidence; procedural defect required remand.
Ensure the Director/record establishes the threshold EB-2 classification (degree or exceptional ability criteria) before or alongside NIW analysis; incomplete RFEs on this threshold can force remand regardless of NIW merits.
vague
mixed
Cases in adjacent profiles
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