NIW Bearings
dismissedAUG012024_13B52032024-08-01 · 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, a consultant with a background in industrial engineering, sought EB-2 classification and a national interest waiver, though the specific proposed endeavor was not reached by the AAO.

Field: industrial engineering · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish advanced degree professional status; lacked academic record for her degree and submitted inconsistent employment letters regarding five years of progressive experience.

How the evidence was treated

  • degree · discounted
    she did not provide an academic record for her degree in industrial engineering
    AAO decision text
  • resume experience · discounted
    The Petitioner should resolve the inconsistency in any subsequent filings.
    AAO decision text
  • other · discounted
    the advisory opinion is of little probative value as it summarily concludes...without any analysis or explanation
    AAO decision text

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Notable

AAO found threshold EB-2 advanced-degree eligibility dispositive and expressly declined to reach the Dhanasar NIW prongs, citing Bagamasbad and Matter of L-A-C- for the proposition that agencies need not make advisory findings on unnecessary issues. Also flagged an unresolved discrepancy in the petitioner's employment dates/title between her CV and an employer letter.

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
  • 8 C.F.R. 204.5(k)(2)
  • Matter of Ho
  • Matter of L-A-C-

Cases in adjacent profiles