NIW Bearings
dismissedAPR192023_01B52032023-04-19 · 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, a camera operator with about 14 years of experience covering major events, sought EB-2 classification as an individual of exceptional ability with a national interest waiver to continue his camera operation work in the United States.

Field: camera operation / media production · Read the decision (uscis.gov)

EB-2 threshold — not met

Although the Petitioner met three of the six exceptional-ability criteria (academic record, ten years' experience, professional membership), the totality of the evidence -- including a trade-school certificate, employment letters, membership in the Society of Camera Operators, and an expert opinion letter -- did not show a degree of expertise significantly above that ordinarily encountered in the field.

How the evidence was treated

  • degree · discounted
    this document does not show the usual information found on a typical academic record, such as the name of the school, dates of attendance, or grades earned.
    AAO decision text
  • resume experience · discounted
    The employment letters list responsibilities and duties typical of a camera operator
    AAO decision text
  • certification membership · discounted
    does not demonstrate that the organization have any membership requirements above those commonly found in camera operators actively working in the field
    AAO decision text
  • recommendation letter · discounted
    does not specify which skill sets or experience possessed by the Petitioner place him significantly above other camera operators
    AAO decision text

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

Threshold exceptional-ability finding was dispositive; the AAO expressly reserved opinion on the Dhanasar national-interest-waiver prongs and did not reach them, citing Bagamasbad and Matter of L-A-C- for declining to address alternative grounds once a case is dispositive on other grounds.

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. 103.3
  • Kazarian v. USCIS
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles