NIW Bearings
dismissedDEC292022_02B52032022-12-29 · 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, described as a general and operations professional with a foreign bachelor's degree in nautical science, sought EB-2 classification and a national interest waiver, though the specific proposed endeavor was not reached in the decision.

Field: nautical science / marine engineering · Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner's three-year Brazilian nautical science degree was found not equivalent to a U.S. bachelor's degree; AAO discounted the favorable educational evaluations as implausible and inconsistent with EDGE database information, and the Petitioner did not claim exceptional ability, so EB-2 classification was not established.

How the evidence was treated

  • degree · discounted
    where an opinion is not in accord with other information or is in any way questionable, we may discount or give less weight to that evaluation
    AAO decision text

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Notable

AAO declined to reach the Dhanasar national interest waiver prongs entirely because threshold EB-2 eligibility (advanced degree equivalency) was not established, citing INS v. Bagamasbad for the principle that agencies need not decide issues unnecessary to the result. The case turned on a credit-hour equivalency dispute involving a three-year foreign nautical science degree versus EDGE database findings.

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)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to establish his Brazilian bachelor's degree (only 3 years, per EDGE) equated to a U.S. bachelor's degree, so he did not qualify as an advanced degree professional, making NIW analysis unreachable.

Transferable lesson

Secure a credible, well-supported credential evaluation aligned with recognized databases (e.g., EDGE) before pursuing NIW; unresolved EB-2 threshold eligibility moots the entire Dhanasar analysis.

Endeavor framing

vague

Evidence targeting

person_focused

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