NIW Bearings
dismissedAUG302023_02B52032023-08-30 · 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 business administrator with a Brazilian-based business, sought EB-2 classification and a national interest waiver, though the specific endeavor was not substantively discussed due to threshold denial.

Field: business administration · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish five years of progressive post-baccalaureate experience in business administration required for advanced degree professional classification; Articles of Incorporation and client letters were insufficient to document relevant experience.

How the evidence was treated

  • degree · discounted
    Without further explanation for this 21-year gap between his courses and his graduation, it is unclear
    AAO decision text
  • other · discounted
    Simply assigning oneself the title of "managing paiiner" or "administrator" does not explain what relevant experience
    AAO decision text
  • resume experience · discounted
    The letters do not demonstrate how many days the Petitioner worked within the specified years
    AAO decision text

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Notable

Petitioner explicitly requested AAO not consider exceptional-ability classification, focusing solely on advanced degree professional route; AAO adopted and affirmed the Director's decision per Matter of Burbano rather than conducting independent analysis; threshold EB-2 failure was dispositive, precluding any Dhanasar prong analysis.

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
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Chen v. INS
  • Matter of L-A-C-

Cases in adjacent profiles