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 automotive technician, sought EB-2 classification as an individual of exceptional ability with a national interest waiver of the job offer/labor certification requirement.
Field: automotive technology · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner's credential evaluation equating military/work experience to a U.S. bachelor's degree did not satisfy the plain regulatory language requiring an official academic record from an educational institution; only two of six exceptional-ability criteria were met, so no final merits determination was reached.
How the evidence was treated
- degree · discounted
“even if an evaluator determined his education and work experience to be the equivalent of a U.S. bachelor's degree, the Petitioner still has not met the plain language of the criterion”
AAO decision text - resume experience · discounted
“counsel's unsubstantiated assertions do not constitute evidence”
AAO decision text - motion resubmission · discounted
“The Petitioner's contentions merely reargue facts and issues we have already considered in our previous decisions.”
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 decision never reaches the NIW prong analysis; dismissal turns entirely on the threshold exceptional-ability determination (credential evaluation insufficient under the regulation's plain language and only two of six criteria met). This is the third motion/appeal dismissed in the same proceeding, with the AAO invoking Matter of O-S-G- to reject repetitive reargument.
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. 103.5(a)(1)(i)
- 8 C.F.R. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of O-S-G-
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod