NIW Bearings
dismissedFEB052024_02B52032024-02-05 · appeal · Nebraska 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 aircraft maintenance technician, sought to continue working as an aircraft mechanic in the U.S. aviation industry.

Field: aircraft maintenance/aviation · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner satisfied only two of the six exceptional-ability criteria (academic record and license/certification); failed to establish 10 years full-time experience at time of filing, membership in a qualifying professional association, or recognition for achievements/significant contributions.

How the evidence was treated

  • resume experience · discounted
    Since the work experience at [ ] occurred after the time of filing, this time is not eligible to show at least 10 years of full-time experience
    AAO decision text
  • certification membership · discounted
    the limited evidence presented is not sufficient to demonstrate that... membership body has the necessary qualifications under this criterion
    AAO decision text
  • recommendation letter · discounted
    these statements are not supported by any evidence in the record which reflects that these letters represent noteworthy achievements and significant contributions
    AAO decision text
  • degree · credited

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

AAO found the threshold exceptional-ability determination dispositive and expressly declined to reach the NIW/Dhanasar analysis, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that agencies need not make advisory findings on 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. 103.2(b)(1)
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Kazarian v. USCIS
  • Matter of L-A-C-
  • Visinscaia v. Beers

Cases in adjacent profiles