NIW Bearings
dismissedAUG162024_04B52032024-08-16 · 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 in the United States as a General and Operations Manager in the manufacturing industry, particularly in glass production, based on his background as an aeronautical engineer.

Field: manufacturing / operations management · Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner claimed to meet all six exceptional-ability criteria but the Director found only two satisfied (experience and salary); on appeal AAO agreed the remaining four (academic record, license/certification, professional association membership, and recognition/significant contributions) were not established, so fewer than three criteria were met and exceptional ability was not shown.

How the evidence was treated

  • degree · discounted
    this academic transcript clearly indicates that the substantive courses directly relate to the aeronautics field, rather than the manufacturing field
    AAO decision text
  • certification membership · discounted
    the record does not establish that a license or a certification is required to practice in the Petitioner's profession
    AAO decision text
  • certification membership · discounted
    the evidence provided does not establish that ABRAMAN qualifies as a professional association
    AAO decision text
  • recommendation letter · discounted
    the evidence does not show that his work has had an impact beyond his employers, clientele, and their specific projects
    AAO decision text
  • media · discounted
    the Petitioner has not provided any evidence to demonstrate sales figures for his book, citations of his book by other professionals
    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 resolved the appeal entirely on the threshold EB-2 exceptional-ability determination (only 2 of 6 criteria met) and expressly declined to reach the Dhanasar national interest waiver analysis at all, reserving those arguments as unnecessary to the disposition.

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.

  • Flores v. Garland
  • Kazarian v. USCIS
  • Matter of L-A-C-

Cases in adjacent profiles