NIW Bearings
dismissedFEB142022_01B52032022-02-14 · 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, a woodcarving artist, sought to work in the United States and requested classification as an individual of exceptional ability with a national interest waiver of the job offer requirement.

Field: woodcarving · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. 204.5(k)(3)(ii); only the academic record criterion was met.

How the evidence was treated

  • degree · credited
  • resume experience · discounted
    it also does not establish at least ten years of full-time experience as a woodcarver
    AAO decision text
  • contract revenue · discounted
    the Petitioner has not established that he meets this criterion
    AAO decision text
  • certification membership · discounted
    the card does not include the Petitioner's name and, thus, does not establish that the Petitioner is, in fact, a member
    AAO decision text
  • awards · discounted
    the Petitioner has not established that he meets this criterion
    AAO decision text
All 6 evidence items
  • motion resubmission · discounted
    the Petitioner, however, must establish eligibility at the time of filing
    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 did not reach the Dhanasar national interest waiver analysis at all because the Petitioner failed the threshold exceptional ability determination, stating further analysis 'would serve no meaningful purpose.' Each of the five threshold criteria addressed was treated as an independent and alternate basis for dismissal.

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)(12)
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • INA 203(b)(2)
  • INA 291
  • Matter of Katigbak
  • Matter of R-A-M-

Cases in adjacent profiles