NIW Bearings
dismissedAUG292024_06B52032024-08-29 · 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 hospitality manager with experience overseeing hotel operations and large-scale events, sought to continue working in the hospitality/events field in the United States; the AAO never reached the specifics of her proposed endeavor.

Field: hospitality management · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner did not claim to be an advanced degree professional and had not earned a U.S. bachelor's degree or foreign equivalent. The AAO withdrew the Director's finding that she met three of six exceptional-ability criteria (salary, membership, recognition/contributions), leaving her with only three criteria met, and in any event found in the final merits determination that she did not show expertise significantly above that ordinarily encountered in her field.

How the evidence was treated

  • certification membership · discounted
    the record does not indicate that any of these organizations require their members to have attained at least a U.S. baccalaureate degree
    AAO decision text
  • recommendation letter · discounted
    the evidence does not identify significant contributions she has made to the industry or field
    AAO decision text
  • awards · discounted
    these do not indicate significant contributions to the field more widely
    AAO decision text
  • other · discounted
    the Petitioner's salary was less than the median pay reported for hospitality managers in the Occupational Outlook Handbook
    AAO decision text

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Notable

The AAO disagreed with the Director's finding that three regulatory criteria (salary, membership, recognition/contributions) were met, effectively lowering the Petitioner's showing from five to three criteria met, but still affirmed denial on the final merits determination. Because the threshold EB-2 exceptional-ability classification was not established, the AAO expressly declined to reach the national interest waiver (Dhanasar) prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that agencies need not decide unnecessary issues.

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
  • Flores v. Garland
  • Matter of L-A-C-
  • Matter of R-A-M-
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles