NIW Bearings
dismissedAPR152024_05B52032024-04-15 · 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 as an Oracle E-Business Suite Supply Chain Management functional consultant, developing customized systems using various Oracle tools to meet customer needs.

Field: Oracle E-Business Suite / information technology consulting · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner abandoned the advanced-degree-professional argument on appeal; for exceptional ability, satisfied only 2 of 6 regulatory criteria (academic record, 10 years' experience) and failed to establish the remaining criteria, including recognition for achievements/contributions to the field.

How the evidence was treated

  • recommendation letter · discounted
    The letters do not, however, adequately address how the Petitioner has garnered recognition for achievements and significant contributions to his industry or field.
    AAO decision text
  • resume experience · credited
  • degree · credited
  • contract revenue · discounted
    simply doing one's job constitutes neither recognition for achievements or contributions
    AAO decision text

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Notable

The AAO explicitly declined to reach the Dhanasar NIW analysis because failure to establish the underlying EB-2 exceptional-ability classification was dispositive of the appeal, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that agencies need not decide unnecessary issues. Several claimed criteria were deemed waived because the Petitioner failed to rebut the Director's specific findings on appeal (advanced degree professional status and the salary/remuneration criterion).

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.

  • Flores v. Garland
  • Matter of L-A-C-
  • Matter of O-R-E-
  • Matter of R-A-M-

Cases in adjacent profiles