NIW Bearings
dismissedAUG292023_02B52032023-08-29 · appeal · Nebraska 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 administrative services and facilities manager, sought EB-2 classification as an advanced degree professional based on a bachelor's degree in a foreign language plus five years of experience, and requested a national interest waiver of the job offer requirement.

Field: administrative services and facilities management · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner's bachelor's degree was in foreign language, unrelated to the proposed occupation, and her resume did not establish five years of progressive experience related to the specialty; AAO found she did not first establish the requisite degree, so the experience claim was moot.

How the evidence was treated

  • resume experience · discounted
    the experience listed does not equate to five years of progressive experience in the indicated specialty
    AAO decision text
  • degree · discounted

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Notable

AAO deemed the exceptional-ability classification issue abandoned because Petitioner did not contest it on appeal, citing Matter of R-A-M- and related waiver doctrine. AAO adopted and affirmed the Director's decision per Matter of Burbano and declined to reach the Dhanasar national-interest-waiver prongs because the threshold EB-2 failure was 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. 103.3
  • Chen v. INS
  • Matter of L-A-C-
  • Matter of R-A-M-

Cases in adjacent profiles