NIW Bearings
dismissedDEC152023_06B52032023-12-15 · 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 described himself as an entrepreneur in the field of automation and control, with claimed experience in logistics, maintenance, production, automation engineering, and industrial production management. The AAO did not reach the specifics of his proposed endeavor because the appeal was dismissed on threshold EB-2 grounds.

Field: automation and control / industrial production management · Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner failed to establish he held a single foreign degree equivalent to a U.S. bachelor's degree plus five years of progressive post-baccalaureate experience. His diploma from a Brazilian institution equated only to a two- to three-year 'Title of Technologist' credential rather than a four-year bachelor's degree per EDGE. Discrepancies in dates (diploma issued 2018 vs. resume claiming 2007, a 'Certificate of Conclusion' stating he would 'graduate in due time' in 2015) and an unsubstantiated MBA claim (no degree/transcripts provided, inconsistent with prior filings) left substantial uncertainty unresolved under Matter of Ho. The Petitioner waived the exceptional-ability classification by not raising it on appeal.

How the evidence was treated

  • degree · discounted
    the Petitioner has not sufficiently demonstrated that he earned the foreign equivalent of a U.S. bachelor's degree
    AAO decision text
  • resume experience · discounted
    the Petitioner's resume reflected that this was awarded this in December 2007, while the diploma itself indicates that it was issued in January 2018
    AAO decision text
  • other · discounted
    The Petitioner's assertions, including those on appeal, do not indicate that he ever earned an academic or professional degree...above that of a bachelor's degree
    AAO decision text

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Notable

The appeal was dismissed entirely on threshold EB-2 eligibility (advanced degree professional) grounds due to inconsistent and unsubstantiated educational claims (diploma date discrepancies, an unsubstantiated MBA, and a Brazilian 'Technologist' credential falling short of a four-year bachelor's degree per EDGE). The AAO expressly declined to reach the Dhanasar national interest waiver prongs, treating the threshold failure as fully dispositive. The Petitioner also waived his exceptional-ability claim by not raising it on appeal.

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
  • Matter of Ho
  • Matter of L-A-C-
  • Matter of O-R-E-
  • Matter of R-A-M-
  • Poursina v. USCIS

Cases in adjacent profiles