NIW Bearings
dismissedJAN072020_01B52032020-01-07 · motion_reopen · Nebraska 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 decision does not specify the proposed endeavor; the Petitioner's background appears to involve public administration/archival work, and the case focused entirely on threshold classification issues rather than the substance of her proposed U.S. activity.

Field: public administration/archival studies · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner's foreign diploma evaluation was found insufficiently explained to establish U.S. master's degree equivalency, and she did not satisfy at least three of the six exceptional-ability criteria, as her qualifying membership post-dated the petition's filing date.

How the evidence was treated

  • degree · discounted
    the USCES evaluation did not adequately explain its conclusion that the Petitioner's foreign diploma is equivalent to a United States degree
    AAO decision text
  • certification membership · discounted
    the Petitioner's membership post-dates the filing of the petition. Eligibility must be established at the time of filing.
    AAO decision text
  • recommendation letter · discounted
    the aforementioned letter does not render her eligible for a national interest waiver under the framework set forth in Dhanasar
    AAO decision text
  • motion resubmission · discounted
    she has not identified any new facts supported by documentary evidence to meet the requirements of a motion to reopen
    AAO decision text

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Notable

This was the Petitioner's eighth motion to reopen after a dismissed appeal and seven prior denied motions. The AAO found, contrary to the Director's original determination, that the Petitioner had never actually established underlying EB-2 eligibility (neither as an advanced degree professional nor as an individual of exceptional ability), rendering the NIW analysis largely moot; the decision references but does not substantively re-analyze the Dhanasar prongs, instead relying on prior decisions' findings.

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)(2)
  • 8 C.F.R. 204.5(k)(2)
  • INA 203(b)(2)
  • Matter of Ho
  • Poursina v. USCIS

Cases in adjacent profiles