AAO Decision Library

AAO Decision Library

The AAO Decision Library contains AAO (Administrative Appeals Office) decisions that have been rendered on applications in the E1, E2, EB1, EB2, EB3, EB5, L-1A, L-1B, and H-1B categories.  They will be in either the non-precedent or precedent categories and the difference between the two is described below.

AAO Decision Library Resources

EB5 Decision Huashan Zhang v. United States Citizenship and Immigration Services, No. 19-5021 (D.C. Cir. 2020)

We have added this US District Court decision to our AAO Decision Library because of its significance to the EB5 immigrant investor program:

Opinion for the Court filed by Circuit Judge KATSAS.
KATSAS, Circuit Judge: Certain visas are available to prospective immigrants who invest capital in the United States. A longstanding regulation, promulgated in 1991, defines the required capital to include cash or indebtedness secured by the immigrant’s assets. This appeal presents the question whether, under the regulation, the proceeds of a loan qualify as cash or indebtedness. We hold that loan proceeds qualify as cash, and we therefore affirm a decision affording relief to a class of foreign investors denied visas under a contrary interpretation adopted and announced by the government in 2015.

Download the EB5 Decision full text here

Non-Precedent Decisions

The Administrative Appeals Office generally issues non-precedent decisions that apply existing law and policy to the facts of an individual case. Non-precedent decisions are binding on the parties involved in the case, but do not create or modify USCIS policy or practice. The Administrative Appeals Office does not announce new interpretations of law or establish agency policy through non-precedent decisions. As a result, non-precedent decisions do not provide a basis for applying new or alternative interpretations of law or policy.

Precedent Decisions

The Secretary of DHS may, with the Attorney General’s approval, designate AAO decisions to serve as precedents in all future proceedings involving the same issue(s). These precedent decisions, except as modified or overruled by later precedent decisions or statutory or regulatory changes, are binding on all DHS employees. precedent decisions may announce a new legal interpretation or agency policy, or may reinforce an existing law or policy by demonstrating how it applies to a unique set of facts.

Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) - EB2 NIW Eligibility
AAO has significantly revised the framework for evaluating National Interest Waiver (NIW)-based immigrant visa petitions...Read More

Adopted AAO Decisions