NIW Bearings
remandedJUL142021_09B52032021-07-14 · 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 proposed to work as an entrepreneur in the field of gastronomy, culture, and economic development within the food industry.

Field: gastronomy, culture, and economic development in the food industry · Read the decision (uscis.gov)

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 a rare 'quality control' remand: the AAO found the Director's denial itself deficient—failing to determine underlying EB-2 eligibility (advanced degree/exceptional ability) and failing to properly analyze any of the three Dhanasar prongs—rather than finding the Petitioner failed to meet his burden. The AAO withdrew the decision and remanded with an order that any new adverse decision be certified back to the AAO, preserving appellate review without a second fee.

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)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • INA 203(b)(2)
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

The Director never determined underlying EB-2 eligibility (advanced degree/exceptional ability) and issued conclusory, unexplained findings on all three Dhanasar prongs, requiring remand for proper analysis.

Transferable lesson

Ensure adjudicators (and petitioners' records) explicitly resolve underlying classification eligibility and substantively analyze each Dhanasar prong with cited evidence, not conclusory statements.

Endeavor framing

vague

National-importance theory

economic_growth_generic · economic_job_creation

Evidence targeting

mixed

Cases in adjacent profiles