NIW Bearings
remandedMAY072026_02B52032026-05-07 · appeal

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, an experienced urban planner, proposed to revitalize U.S. cities through mixed-use real estate development and to expand housing access nationwide through a housing policy advocacy platform she founded.

Field: urban planning · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agree the Petitioner's master's degree in public administration satisfies the advanced-degree professional requirement.

Prong 1 — national importanceestablished

Prong 3 — balance of factorsestablished

How the evidence was treated

  • recommendation letter · ignored
  • citations publications · discounted
    none of the articles mention the self-petitioner, or otherwise address the potential prospective impact
    AAO decision text
  • other · ignored
    offer specific information and evidence to corroborate her assertions
    AAO decision text

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

AAO remanded not because the Petitioner failed the Dhanasar prongs but because SCOPS's decision failed to adequately discuss the evidence of record or explain its reasoning, citing Matter of M-P-; the AAO also noted SCOPS mistakenly referenced the Petitioner's field as 'petroleum engineering' and misattributed an 'occupational shortages' argument never made by the Petitioner.

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. 204.5(k)(2)
  • Flores v. Garland

What this case teaches

Analyst reading of the decision text.

Decisive factor

SCOPS' denial was procedurally deficient: it ignored substantial record evidence (specific DC/VA/MI projects, government planning documents, platform impact data) and gave conclusory, factually inaccurate reasoning (e.g., misidentifying petitioner's field), precluding meaningful appellate review.

Transferable lesson

Even a strong evidentiary record can be remanded, not granted, if the adjudicator fails to engage with it; petitioners should press for explicit analysis of each Dhanasar prong on appeal.

Endeavor framing

moderate

National-importance theory

economic_job_creation · geographic_or_shortage_area · economic_growth_generic

Evidence targeting

mixed

Cases in adjacent profiles