NIW Bearings
dismissedAUG072024_06B52032024-08-07 · 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 work as a procurement and import specialist expanding a company's geographical area of operation and diversifying its imported food products.

Field: procurement and import (food industry) · Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner did not establish ten years of qualifying full-time experience or recognition for achievements/significant contributions, and thus did not meet three of the six exceptional-ability criteria.

How the evidence was treated

  • resume experience · discounted
    The letters purporting to support the Petitioner's work experience in the specialty do not adequately reflect at least ten years of full-time experience.
    AAO decision text
  • recommendation letter · discounted
    these statements are not supported by any evidence in the record which reflects that these letters represent noteworthy achievements and significant contributions
    AAO decision text
  • degree · credited
  • other · discounted
    the letter was not accompanied with a complete certified English translation as required
    AAO decision text

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Notable

The AAO resolved the appeal entirely on the threshold exceptional-ability determination (finding the ten-years-experience and recognition criteria unmet), and expressly declined to reach the national interest waiver/Dhanasar analysis as unnecessary, citing INS v. Bagamasbad and Matter of L-A-C-.

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. 103.2(b)(3)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Kazarian v. USCIS
  • Matter of L-A-C-
  • Visinscaia v. Beers

Cases in adjacent profiles