NIW Bearings
dismissedAPR042024_08B52032024-04-04 · appeal · Texas Service Center

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 financial administrator with a background in vehicle financing and financial management, sought to work in financial services in the United States.

Field: financial administration/services · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish advanced degree eligibility (unclear single-source bachelor's equivalency, inconsistent/insufficient progressive experience letters, non-compliant combined education/experience evaluation) and failed exceptional ability eligibility (met only 2 of 6 criteria: license/certification not related to occupation, professional association membership not shown to be restricted to professionals, and letters of recognition found conclusory/unsupported).

How the evidence was treated

  • degree · discounted
    we are unable to determine if the Petitioner has earned the single source equivalent to a U.S. bachelor's degree
    AAO decision text
  • resume experience · discounted
    These unexplained inconsistencies and discrepancies materially diminish the weight we ascribe to the Petitioner's submitted evidence
    AAO decision text
  • certification membership · discounted
    the Petitioner's evidence does not adequately demonstrate that their licensure or certification as an "administrator" corresponds to their financial services occupation
    AAO decision text
  • recommendation letter · discounted
    these statements are not supported by any evidence in the record which reflects that these letters represent noteworthy achievements and significant contributions
    AAO decision text

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Notable

The AAO reached its dismissal entirely on threshold EB-2 categorical ineligibility (both advanced degree and exceptional ability paths) and expressly declined to reach the Dhanasar NIW prongs, citing INS v. Bagamasbad and Matter of L-A-C- for not deciding unnecessary issues. Notable factual findings included inconsistent employment letters casting doubt under Matter of Ho, a credential evaluation improperly combining education and experience, and a trade-organization certification (ANBIMA) found not to constitute an official license given it was open even to students.

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. 103.3
  • 8 C.F.R. 204.5(g)(1)
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Flores v. Garland
  • Matter of Ho
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-

Cases in adjacent profiles