NIW Bearings
dismissedFEB072024_01B52032024-02-07 · combined · 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 aircraft maintenance technician, sought to continue working in that occupation in the United States, seeking exceptional-ability EB-2 classification and a waiver of the job-offer/labor-certification requirement.

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

EB-2 threshold — not met

Petitioner claimed exceptional ability but met only two of six regulatory criteria (needed three): membership in professional associations failed because the qualifying membership post-dated filing and the licensing agencies were not shown to require bachelor's degrees; 10-years'-experience criterion failed because prior roles (transportation manager, operation technician) were not shown to be in the intended aircraft-mechanic occupation; recognition-for-achievements criterion failed because letters offered only general praise or unquantified anecdotes without showing industry-wide significance.

How the evidence was treated

  • certification membership · discounted
    he did not demonstrate his membership at the time of the petition's filing
    AAO decision text
  • resume experience · discounted
    the letters did not show that he worked at least 10 years in the intended occupation of aircraft mechanic
    AAO decision text
  • recommendation letter · discounted
    the letters do not constitute recognition for achievements or significant contributions to the aviation industry
    AAO decision text
  • motion resubmission · discounted
    they do not explain how these achievements and contributions significantly affected the aviation industry
    AAO decision text

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

The AAO resolved the case entirely on threshold EB-2 'exceptional ability' eligibility (finding fewer than the required three of six evidentiary criteria met) and expressly declined to reach the national interest waiver prongs, reserving those arguments as unnecessary to the outcome, citing INS v. Bagamasbad and Matter of L-A-C-.

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. 103.5(a)(1)(ii)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Matter of Coelho
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles