NIW Bearings
dismissedAPR102025_04B52032025-04-10 · 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 sought to work in the United States as a researcher in biomedical informatics.

Field: biomedical informatics · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner's foreign degrees and transcript lacked properly certified English translations under 8 C.F.R. 103.2(b)(3), so he did not establish he holds an advanced degree.

How the evidence was treated

  • degree · discounted
    Without certified translations, the evidence of the Petitioner's degrees and transcript is insufficient to establish that he is a member of the professions
    AAO decision text

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Notable

The petition failed at the threshold EB-2 stage due to a purely evidentiary/procedural defect (uncertified translations of foreign degrees and transcript), not on the merits of the degree itself. The AAO expressly declined to reach the national interest waiver analysis, citing Bagamasbad and Matter of L-A-C- for its practice of not deciding unnecessary issues.

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. 103.2(b)(3)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Matter of L-A-C-

Cases in adjacent profiles