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 proposed to conduct research in his field, rather than teaching as the Director had characterized it.
EB-2 threshold — addressed
Director found Petitioner qualified as an advanced degree professional; this was not disputed.
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Notable
This decision does not evaluate the merits of the NIW prongs at all; the AAO remands solely because the Director's denial was conclusory and lacked analysis of the evidence, failing to meet the requirement that decisions explain specific reasons for denial. The AAO explicitly instructs the Director to properly analyze all three Dhanasar prongs 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.
- 8 C.F.R. 103.3
- 8 C.F.R. 103.5
- INA 203(b)(2)
What this case teaches
Analyst reading of the decision text.
The Director's decision was procedurally deficient—conclusory, lacking evidentiary analysis and explanation—making meaningful appellate review impossible, requiring remand rather than merits resolution.
Ensure adjudicators (and petitioners on appeal) demand decisions that specifically analyze submitted evidence against each Dhanasar prong, not conclusory boilerplate findings.
vague
field_advancement
mixed
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