NIW Bearings
dismissedDEC172021_01B52032021-12-17 · 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, an engineering project manager, sought to continue working in engineering project management in the United States, relying on his foreign engineering degree and professional experience.

Field: electrical/engineering project management · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO withdrew the Director's finding that Petitioner qualified as an advanced degree professional due to deficient translations and unreliable equivalency evaluations, and separately found he did not satisfy at least three of the six exceptional ability criteria; because underlying EB-2 classification was not established, the NIW/Dhanasar analysis was not reached.

How the evidence was treated

  • degree · discounted
    the record does not persuasively establish that the Petitioner is a member of the professions with an advanced degree
    AAO decision text
  • resume experience · discounted
    the employment letters do not persuasively establish at least ten years of full-time experience
    AAO decision text
  • certification membership · discounted
    the record is insufficient to establish the Petitioner's eligibility under this criterion
    AAO decision text
  • recommendation letter · discounted
    this evidence does not suggest that the Petitioner has received recognition for achievements and significant contributions to the industry or field
    AAO decision text
  • other · discounted
    The record does not support a finding that the Petitioner commands a particular salary that demonstrates exceptional ability.
    AAO decision text

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Notable

The AAO decided the case entirely on threshold EB-2 eligibility grounds (deficient degree translations/equivalency evaluations and failure to meet three of six exceptional-ability criteria) and explicitly declined to reach the Dhanasar NIW prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the proposition 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.

  • Matter of L-A-C-
  • Matter of Otiende
  • Poursina v. USCIS
  • Section 291 of the Act

Cases in adjacent profiles