NIW Bearings
dismissedAPR182023_03B52032023-04-18 · 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 Beneficiary worked as a quality control inspector for an eyeglass manufacturer, which sought to waive the job offer requirement so he could continue in that role in the national interest.

Field: eyeglass manufacturing quality control · Read the decision (uscis.gov)

EB-2 threshold — not met

Beneficiary did not establish qualification as either an advanced degree professional (no degree evidence, occupation not a profession) or an individual of exceptional ability (met none of the six regulatory criteria).

How the evidence was treated

  • degree · discounted
    The Petitioner did not submit an academic degree, transcripts, or other official academic records
    AAO decision text
  • certification membership · discounted
    the Petitioner did not submit any documentation to establish that the ... is a "college, university, school, or other institution of learning."
    AAO decision text
  • resume experience · discounted
    the letter does not state that the Beneficiary has been employed full-time
    AAO decision text
  • other · discounted
    the Petitioner did not submit evidence to establish the typical salary for the Beneficiary's occupation
    AAO decision text

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Notable

The AAO dismissed the appeal solely on the threshold EB-2 classification failure (neither advanced degree professional nor exceptional ability established) and expressly declined to reach any of the three Dhanasar prongs, reserving its opinion on the national interest waiver analysis entirely.

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)(1)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Matter of Katigbak
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles