NIW Bearings
withdrawnAPR192021_04B52032021-04-19 · 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 sought classification as an individual of exceptional ability in the arts and a national interest waiver, relying on claimed authorship of three books/textbooks as evidence of her exceptional ability and standing in the field.

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

EB-2 threshold — not met

The Director found the Petitioner did not qualify for exceptional-ability classification; the AAO's own findings of plagiarized/falsely-claimed authorship undermined the evidence submitted to establish exceptional ability.

How the evidence was treated

  • other · discounted
    further research did not corroborate the Petitioner's claimed authorship of this book
    AAO decision text
  • resume experience · discounted
    the Petitioner submitted plagiarized material (books she claims to have authored) intended to falsely create the appearance of her exceptional ability
    AAO decision text

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Notable

The Petitioner withdrew the appeal after AAO issued a NOID; despite withdrawal, AAO proceeded to make an affirmative finding of willful material misrepresentation (plagiarized/falsely-claimed authorship of three books) that will carry forward to future inadmissibility determinations under section 212(a)(6)(C). No substantive Dhanasar prong analysis occurred since the appeal was resolved via withdrawal, but the underlying evidence discussed (fraudulent authorship claims) related to threshold exceptional-ability and 'well positioned' showings.

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