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 hydrogeologist, sought classification as a member of the professions holding an advanced degree with a national interest waiver of the job offer requirement.
Field: hydrogeology · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director never made a determination on 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 issue and remanded for the Director to make that determination.
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Notable
The AAO did not reach any Dhanasar prong analysis. Instead, it remanded because the Director skipped the threshold advanced-degree/member-of-professions determination and jumped straight to the NIW merits analysis, rendering the decision insufficient for review. The AAO expressly declined to opine on the ultimate resolution on remand.
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.
- INA 203(b)(2)
What this case teaches
Analyst reading of the decision text.
The Director skipped the threshold advanced-degree/professional classification determination under 203(b)(2) before conducting the Dhanasar national interest waiver analysis, making the decision unreviewable.
Ensure the record and decision clearly establish baseline EB-2 classification eligibility before any national interest waiver analysis; procedural sequencing errors can force remand regardless of NIW merits.
vague
mixed
Cases in adjacent profiles
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