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 self-described communications expert, sought EB-2 classification as an individual of exceptional ability along with a national interest waiver of the job offer/labor certification requirement.
Field: communications · 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 decision does not reach the substantive NIW or exceptional-ability issues at all. Instead, the AAO remands because the Director's two-page motion decision failed to explain the specific reasons for denial, relying only on boilerplate language ('you have not established eligibility... failed to establish that the decision was incorrect') that conflated motion-to-reopen and motion-to-reconsider standards. The AAO expressly declines to opine on the merits, so all prongs and the threshold issue are unanalyzed here.
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)
- INA 203(b)(2)
What this case teaches
Analyst reading of the decision text.
The Director's motion decision failed to state specific reasons for denial as required by 8 C.F.R. 103.3(a)(1)(i), making it insufficient for review, so AAO remanded rather than deciding NIW merits.
This is a procedural posture: agency adjudicators must issue reasoned decisions; petitioners should note remand does not indicate substantive merit either way.
vague
mixed
Cases in adjacent profiles
- The Petitioner proposed to work as an IT consultant in the United States, providing cybersecurity and digital transforma
- The petitioner proposed to establish his own company providing specialized business consultancy, auditing, and training
- The petitioner proposed to work as a consultant engineer through his own company, specializing in development projects t
- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution