NIW Bearings
remandedSEP242020_01B52032020-09-24 · appeal · Texas Service Center

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 mechanical engineer, proposed to work as a Senior Mechanical Engineer for a Florida-based engineering consulting company, advising clients in processing industries and managing the company's mechanical engineering projects.

Field: mechanical engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director's decision did not analyze the Petitioner's mechanical engineering degree or his post-baccalaureate experience to determine whether he qualifies as a member of the professions holding an advanced degree; AAO remands for this determination to be made.

Prong 1 — national importanceestablished

Prong 2 — well positionedestablished

Prong 3 — balance of factorsestablished

How the evidence was treated

  • degree · ignored
    did not analyze the Petitioner's mechancial engineering degree...or his subsequent experience...to make a finding
    AAO decision text
  • recommendation letter · ignored
    it did not include a proper analysis of the content of the letters or a sufficient discussion of the evidence presented
    AAO decision text
  • business plan · ignored
    it did not include a proper analysis of the content of the letters or a sufficient discussion of the evidence presented
    AAO decision text
  • certification membership · ignored
    it did not include a proper analysis of the content of the letters or a sufficient discussion of the evidence presented
    AAO decision text

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Notable

This is a remand decision in which the AAO found that the Director failed to analyze the threshold advanced-degree eligibility and improperly conflated prong three with prong two ('the Director's decision improperly concluded that because the Petitioner had not satisfied the second prong...he therefore did not meet prong three'). The AAO does not itself resolve the merits of any prong but instructs the Director to properly apply the full Dhanasar framework on remand, including a footnote directing consideration of whether the endeavor's impact extends beyond the company's own clients to the broader industry.

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)
  • INA 203(b)(2)
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

The Director failed to analyze any of the three Dhanasar prongs properly, including never determining if the endeavor's impact rose to national importance beyond the company's clients; remand ordered for proper analysis.

Transferable lesson

Adjudicators must apply each Dhanasar prong explicitly; petitioners should proactively show impact extends beyond immediate employer/clients to the broader industry or economy.

Endeavor framing

moderate

National-importance theory

economic_job_creation · geographic_or_shortage_area · field_advancement

Evidence targeting

person_focused

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