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
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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.
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.
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.
moderate
economic_job_creation · government_interest · field_advancement
mixed
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- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution