NIW Bearings
dismissedAPR192021_03B52032021-04-19 · appeal · Nebraska 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, claiming exceptional ability in the arts (embroidery), sought EB-2 classification and a national interest waiver, submitting two books she claimed to have authored as evidence of her expertise.

Field: embroidery / arts · Read the decision (uscis.gov)

How the evidence was treated

  • other · discounted
    further research did not corroborate the Petitioner's claimed authorship of this book
    AAO decision text

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Notable

The AAO did not reach the merits of the NIW petition. After issuing a NOID based on findings that the Petitioner's two purportedly self-authored books were plagiarized from other authors' published articles, the Petitioner withdrew the appeal without rebuttal. The AAO nonetheless entered a formal finding of willful misrepresentation of a material fact (relevant to future inadmissibility under section 212(a)(6)(C)) despite dismissing the appeal solely on the basis of the withdrawal, noting that had the appeal not been withdrawn it would have dismissed on the merits due to the fabricated evidence.

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. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Matter of Ho
  • Poursina v. USCIS

Cases in adjacent profiles