EB-2 NIWBusiness and managementEmployerDecided 2026Remanded
Outcome: Remanded
JAN212026_06B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A business administrator sought EB-2 classification as advanced degree professional or person of exceptional ability, plus NIW. SCOPS denied both. The AAO remanded, finding SCOPS misrepresented the record, confused two separate petitions, and did not provide meaningful opportunity to contest. No opinion on ultimate merits.
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 |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Remanded due to misrepresentation of record; no final determination on Dhanasar prongs |
 Well positioned | Not reached / not discussed | Remanded due to misrepresentation of record; no final determination on Dhanasar prongs |
 Balance favors a waiver | Not reached / not discussed | Remanded due to misrepresentation of record; no final determination on Dhanasar prongs |
A published decision describes one case. It is not legal advice and not a prediction for yours.