remandedJUL232021_04B52032021-07-23 · combined · 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 security officer with a foreign academic degree and prior experience as a police officer abroad, sought to continue working in the security/law enforcement field in the United States.

Field: security services / law enforcement · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director conducted a Dhanasar national-interest analysis without first determining whether the Petitioner qualified for EB-2 classification as an advanced-degree professional or individual of exceptional ability; the AAO found the record insufficient to make that threshold determination and remanded for the Director to address it, noting security officer is not listed as a profession under section 101(a)(32) and that eligibility under 8 C.F.R. 204.5(k)(3)(i)(B) or the exceptional-ability criteria remained unresolved.

Prong 1 — national importancenot established

“he has not offered sufficient infonnation and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance”

“the record in this matter does not demonstrate that the Petitioner's proposed endeavor stands to sufficiently extend beyond his future employer(s) and clients such that it would impact U.S. interests or the law enforcement industry more broadly at a level commensurate with national importance”

“he has not demonstrated that his specific proposed endeavor has significant potential to employ U.S. workers or otherwise offer substantial positive economic effects for our nation”

AAO decision text

How the evidence was treated

degree · discounted
“The Director should consider whether the Petitioner has established that he holds a U.S. baccalaureate degree or its foreign equivalent”
AAO decision text
resume experience · discounted
“The Director should consider whether the Petitioner has established... at least five years of progressive post-baccalaureate experience in the specialty”
AAO decision text
motion resubmission · credited

Where this case turned

Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
Endeavor too vague · p1 — described as a job role, not a defined undertaking
Local, not national scope · p1 — impact confined to clients / a region

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Notable

Unusual procedural posture: AAO granted combined motions after finding it had erroneously summarily dismissed the appeal (Petitioner's timely-filed brief had not been considered). On the merits, AAO found the Director's decision 'insufficient for review' because the Director conducted a Dhanasar national-interest analysis without first resolving the threshold EB-2 classification question, and remanded for that determination, while nonetheless agreeing with the Director's substantive national-importance conclusions.

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)
Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director skipped the threshold EB-2 classification determination (advanced degree/exceptional ability) before analyzing Dhanasar prongs, rendering decision unreviewable; case remanded on that procedural gap, though AAO also affirmed national importance was unmet.

Transferable lesson

Establish threshold EB-2 classification eligibility first, and show the endeavor's impact extends beyond employer/clients to the broader field or economy, not just personal job continuation.

Endeavor framing

vague

National-importance theory

economic_job_creation · field_advancement

Evidence targeting

person_focused

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