NIW Bearings
dismissedFEB072024_02B52032024-02-07 · 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 industrial engineer who owns a transportation company, sought EB-2 classification with a national interest waiver; the specific endeavor was not substantively discussed because the AAO resolved the appeal on a threshold classification issue.

Field: industrial/mechanical engineering; transportation business · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to submit certified English translations of educational credentials, official academic transcripts, and an academic credential evaluation confirming a foreign equivalent of a U.S. advanced degree, despite an RFE specifically requesting these documents.

How the evidence was treated

  • degree · discounted
    As the Petitioner has not submitted the required documentation to address the deficiencies in his academic degree, we agree with the Director
    AAO decision text

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Notable

The appeal was dismissed entirely on the threshold advanced-degree-professional issue; the AAO expressly declined to reach any of the Dhanasar prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the proposition that it need not analyze additional grounds once one issue is dispositive.

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)(3)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles