NIW Bearings
dismissedJAN112024_06B52032024-01-11 · 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 project manager who worked on client 'Upgrade' projects involving development and functional teams, sought EB-2 classification as an individual of exceptional ability with a national interest waiver. The decision does not further elaborate on the specific proposed endeavor because the case was resolved on threshold exceptional-ability grounds.

Field: project management · Read the decision (uscis.gov)

EB-2 threshold — not met

The Director found the Petitioner satisfied only two of the six exceptional-ability regulatory criteria; on appeal the Petitioner argued he also met 8 C.F.R. 204.5(k)(3)(ii)(F) (recognition for achievements and significant contributions), but the AAO found the submitted recommendation letters conclusory and insufficient to establish recognition or significance of his contributions, so he failed to meet the required minimum of three criteria.

How the evidence was treated

  • recommendation letter · discounted
    the letters do not show how his contributions have impacted or influenced the field or industry in a significant manner
    AAO decision text

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Notable

The AAO resolved the appeal entirely on the threshold exceptional-ability criteria (finding the petitioner satisfied only two of the required three regulatory categories, primarily discounting recommendation letters as conclusory) and expressly declined to reach the Dhanasar national-interest-waiver prongs, reserving those issues as unnecessary to the disposition, citing INS v. Bagamasbad and Matter of L-A-C-.

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)
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles