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 biomedical materials developer, sought to work in the U.S. in biomedical materials engineering and alloy development under an EB-2 classification with a national interest waiver.
Field: biomedical materials engineering / alloy development · Read the decision (uscis.gov)
EB-2 threshold — addressed
Initially found not to meet the advanced-degree equivalency requirement due to insufficient career certificates, but on motion new certificates established the requisite five years of progressive experience, satisfying the threshold EB-2 classification as an advanced degree professional.
How the evidence was treated
- degree · credited
- resume experience · credited
- motion resubmission · credited
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Notable
The Director never reached the Dhanasar three-prong NIW analysis because the underlying EB-2 threshold eligibility was initially denied; AAO found on motion that new career certificates cured the threshold deficiency and remanded solely for the Director to conduct the Dhanasar analysis in the first instance, expressly rejecting the Director's earlier conflation of threshold eligibility with the 'well positioned' prong.
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. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 204.5(k)(2)
- INA 203(b)(2)
- INA 291
What this case teaches
Analyst reading of the decision text.
Director erroneously conflated EB-2 classification eligibility with NIW prong two (well-positioned) and never analyzed Dhanasar's three prongs; AAO found advanced-degree equivalency established and remanded for the unaddressed NIW analysis.
Ensure the underlying EB-2 classification evidence (e.g., detailed employment certificates showing progressive experience) is complete, and insist adjudicators separately apply all three Dhanasar prongs rather than conflating classification with NIW eligibility.
vague
person_focused
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