NIW Bearings
dismissedJAN092024_03B52032024-01-09 · 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 legal services provider, sought to work in an unspecified capacity in the legal field, though her description of the proposed endeavor was too brief and vague to allow meaningful analysis.

Field: law / legal services · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner did not establish U.S. equivalency of her foreign law degree combined with five years of progressive post-baccalaureate experience; employment letters lacked descriptions of duties, progressive nature, and precise dates.

How the evidence was treated

  • degree · discounted
    we cannot determine whether these academic programs are the foreign equivalents of U.S. baccalaureate degrees
    AAO decision text
  • resume experience · discounted
    evidence the Petitioner creates for the purpose of establishing eligibility is not as probative as independent and objective evidence
    AAO decision text
  • other · discounted
    these letters do not satisfy the Petitioner's burden because they do not describe the Petitioner's duties or show how the work she performed was progressive
    AAO decision text

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Notable

AAO expressly declined to reach the Dhanasar prongs because the threshold EB-2 advanced-degree failure was dispositive; also noted Petitioner failed to submit required ETA Form 9089/ETA-750 and that her endeavor appeared to be pursuit of her own education, lacking national importance, though this was not formally analyzed as part of the prong framework.

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(g)(1)
  • Matter of L-A-C-
  • Matter of Otiende
  • Poursina v. USCIS
  • Section 291 of the Act

Cases in adjacent profiles