NIW Bearings
dismissedJAN102025_05B52032025-01-10 · motion_reconsider · 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 Petitioner, an aircraft maintenance technician, sought EB-2 classification as an individual of exceptional ability with a national interest waiver, based on his work improving aircraft operational and safety standards.

Field: aircraft maintenance · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO found Petitioner met only two of six exceptional-ability criteria (academic record and license); on this motion, reaffirmed that PAMA membership does not satisfy the professional-membership criterion because it does not require a U.S. bachelor's degree or foreign equivalent, and that certifications/letters of support did not establish significant contributions to the field.

How the evidence was treated

  • certification membership · discounted
    the Petitioner has not demonstrated its membership requires a U.S. bachelor's degree or its foreign equivalent, as specified by the regulations
    AAO decision text
  • recommendation letter · discounted
    the evidence is insufficient to establish his work resulted in significant contributions to the larger aviation mechanic field
    AAO decision text
  • motion resubmission · discounted
    The Petitioner's contentions in their current motion 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

This decision resolves a second motion to reconsider and never reaches the Dhanasar national-interest-waiver prongs; the AAO's prior appellate decision reserved those arguments after finding the Petitioner failed to meet the exceptional-ability threshold (at least three of six regulatory criteria). The motion is dismissed solely on the ground that the Petitioner merely reargued previously considered evidence regarding professional membership and peer recognition criteria.

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. 204.5(k)(2)
  • Matter of O-S-G-

Cases in adjacent profiles