NIW Bearings
remandedSEP282023_04B52032023-09-28 · appeal · Nebraska 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 lawyer, proposed to continue working as a lawyer or legal consultant, submitting a professional plan describing the national importance of that work.

Field: law · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO affirmed the Director's finding that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importanceestablished

The Director's determination that the record does not describe a proposed endeavor is contrary to the evidence submitted
the evidence suggests that you have no proposed endeavor

AAO decision text

Prong 2 — well positionedestablished

she is not an education expert, did not submit a business plan, and did not otherwise indicate her intention to establish an education business

AAO decision text

How the evidence was treated

  • business plan · ignored
  • recommendation letter · ignored

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

This is not a merits denial: the AAO withdrew the Director's decision and remanded because the denial contained factual errors (including reference to evidence from an unrelated 'education expert' petition), lacked analysis, and was conclusory, making it insufficient for appellate review under Matter of M-P-. The AAO expressed no opinion on the ultimate outcome of the Dhanasar prongs.

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director's decision contained factual errors (confusing petitioner with unrelated case), conclusory findings, and failed to analyze submitted evidence including professional plan and expert letter, making review impossible.

Transferable lesson

Ensure adjudicator's decision is procedurally sound before contesting substantive eligibility; on appeal, highlight factual errors and unaddressed evidence to secure remand rather than outright denial.

Endeavor framing

moderate

National-importance theory

economic_job_creation · government_interest · field_advancement

Evidence targeting

mixed

Cases in adjacent profiles