NIW Bearings
dismissedAUG152023_06B52032023-08-15 · 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, an aircraft mechanic/aircraft maintenance technician, sought to continue working in that occupation in the United States and requested a national interest waiver of the job offer requirement.

Field: aircraft maintenance/aviation mechanics · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner claimed classification as an individual of exceptional ability and submitted evidence for all six regulatory criteria, but AAO found he met only two (academic record, license) after withdrawing the Director's finding on professional association membership; the ten-year experience, salary, and achievement-recognition criteria were also not met, so he failed to meet at least three of six criteria required for exceptional ability classification.

How the evidence was treated

  • degree · credited
  • resume experience · discounted
    the letters only demonstrate six years and two months of experience
    AAO decision text
  • certification membership · credited
  • certification membership · discounted
    he did not meet his burden to establish that it qualifies as a professional association
    AAO decision text
  • other · discounted
    the Petitioner did not submit evidence that his salary shows his exceptional ability
    AAO decision text
All 6 evidence items
  • 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

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Notable

AAO withdrew the Director's favorable finding on the professional-association-membership criterion (finding petitioner did not show PAPA required a bachelor's degree for entry), leaving him short of the three-criteria threshold for exceptional ability. Because the threshold EB-2 classification failure was dispositive, AAO explicitly declined to reach any of the three Dhanasar prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that it need not address alternative grounds once one issue is dispositive.

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)(1)
  • 8 C.F.R. 103.3
  • Kazarian v. USCIS
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles