Outcome: Remanded
MAY142021_01B5203
Our summary
Advanced cardiac imaging fellow sought NIW as EB-2 member of professions with advanced degree. Director found her qualified as advanced degree holder but denied NIW. AAO remanded, finding Director failed to properly analyze the three-prong Dhanasar framework, particularly the prospective impact of proposed research and her positioning to advance it.
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 | Director's decision lacked adequate analysis of prospective impact; remanded for proper Dhanasar framework application | |
| Not reached / not discussed | Director conflated prospective and retrospective impact; remanded for proper second prong analysis | |
| Not reached / not discussed | Third prong not reached because first two prongs require further analysis on remand |
A published decision describes one case. It is not legal advice and not a prediction for yours.
