Outcome: Remanded
JAN202026_03B5203
Our summary
A musician and music educator sought EB-2 immigrant classification with national interest waiver. SCOPS established advanced degree eligibility but denied the waiver. The AAO remanded because SCOPS failed to sufficiently analyze the three Dhanasar prongs and did not put the petitioner on notice of evidentiary deficiencies.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
Every criterion in the table was found met.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Not reached / not discussed | SCOPS decision on national importance was insufficient for review; remanded for fuller analysis of national importance prong | |
| Not reached / not discussed | SCOPS decision did not adequately address well-positioned prong; remanded for analysis of education, plan specificity, and feasibility | |
| Not reached / not discussed | SCOPS did not adequately explain balancing analysis; remanded for addressed consideration of all relevant factors |
A published decision describes one case. It is not legal advice and not a prediction for yours.
