NIW Bearings
dismissedAPR072025_04B52032025-04-07 · 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 blockchain engineer, sought to continue work in blockchain technology and software development, including development of a cryptocurrency coin he created.

Field: blockchain engineering / software development · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner claimed exceptional ability but failed to establish at least three of six regulatory criteria; AAO agreed with Director that only the academic-record criterion was met, and found the membership and recognition-for-achievements criteria not satisfied, and the license/certification criterion waived on appeal as unchallenged.

How the evidence was treated

  • degree · credited
  • certification membership · discounted
    record does not show that it required members to hold a U.S. or foreign equivalent baccalaureate degree
    AAO decision text
  • recommendation letter · discounted
    letters generally praise the Petitioner's skills, knowledge, and past successes, they do not specifically demonstrate
    AAO decision text
  • other · discounted
    they do not show his work has been significant to the industry or field
    AAO decision text

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

AAO expressly declined to reach or discuss any of the three Dhanasar NIW prongs because the Petitioner failed to first establish eligibility for the underlying EB-2 exceptional-ability classification, citing INS v. Bagamasbad's rule against advisory findings; the case therefore turns entirely on threshold classification criteria (membership and recognition-for-achievements) rather than NIW-specific reasoning.

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
  • Flores v. Garland
  • INA 203(b)(2)

Cases in adjacent profiles