NIW Bearings
dismissedAUG012024_05B52032024-08-01 · 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 establish a comprehensive furniture-industry business venture in the U.S. encompassing consultancy, advisory services, original equipment manufacturing, training, and sales of technical, industrial, and corporate furniture.

Field: industrial and technical furniture manufacturing · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner claimed to meet four of six exceptional-ability criteria (B, D, E, F) but AAO found only criterion B (ten years' experience) satisfied; salary, professional-association membership, and recognition/contribution criteria were not met, so fewer than three of six criteria were established.

How the evidence was treated

  • resume experience · credited
  • certification membership · discounted
    The record does not show these entities require that its membership body be comprised of individuals who have earned a U.S. baccalaureate degree or its foreign equivalent.
    AAO decision text
  • recommendation letter · discounted
    it does not demonstrate that the Petitioner has been recognized for achievements and significant contributions to the industry or field
    AAO decision text
  • other · discounted
    The Petitioner's statements referencing the webpage are not sufficient to demonstrate the criterion.
    AAO decision text
  • other · discounted
    the expert opinion restates large portions of the claims the Petitioner made... but he does not add sufficient analysis or corroborating details
    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

The AAO found the Petitioner ineligible at the threshold exceptional-ability stage and expressly declined to reach the Dhanasar national-interest-waiver prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that adjudicators need not decide unnecessary issues; the Petitioner had abandoned the advanced-degree pathway by not contesting it on appeal.

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