NIW Bearings
dismissedFEB162023_04B52032023-02-16 · 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 public safety officer, sought EB-2 classification and a national interest waiver, though the decision does not describe the specific proposed endeavor in detail.

Field: public safety · Read the decision (uscis.gov)

EB-2 threshold — not met

The Director found the Petitioner did not qualify as either an advanced degree professional or an individual of exceptional ability; on appeal the Petitioner failed to identify specific errors or provide evidence addressing the Director's concerns, and the AAO deemed the issue abandoned/waived.

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Notable

The AAO found the threshold EB-2 classification issue dispositive because the Petitioner failed to challenge the Director's detailed (10-page) findings on appeal, deeming the issue abandoned/waived under Matter of R-A-M-. The AAO expressly declined to reach the Dhanasar prongs, though a footnote states that even if it had addressed them, the appeal would still have been dismissed because the Petitioner's evidence failed to establish eligibility under any of the three prongs, without further elaboration.

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. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • INA 203(b)(2)
  • Matter of L-A-C-
  • Matter of R-A-M-

Cases in adjacent profiles