NIW Bearings
dismissedJAN152025_04B52032025-01-15 · combined · 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 proposed to work in the United States as a financial analyst, specifically as a branch manager for a mortgage company in Florida.

Field: financial analysis · Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner did not meet any of the six regulatory criteria for exceptional ability under 8 C.F.R. 204.5(k)(3)(ii); on this third combined motion he failed to present new facts or show legal error as to the certification, remuneration, academic-record, membership, or recognition criteria.

How the evidence was treated

  • certification membership · discounted
    “the English translation document does not include the required certification of competence”
    AAO decision text
  • certification membership · discounted
    “We disagree with the Petitioner's interpretation of the term "professional" under 8 C.F.R. § 204.5(k)(2).”
    AAO decision text
  • other · discounted
    “Counsel's unsubstantiated assertions do not constitute evidence.”
    AAO decision text
  • awards · discounted
    “such recognition is not for achievements and significant contributions to the field of financial analysis, but instead for his achievements and contributions to his employer”
    AAO decision text
  • degree · discounted
    “the Petitioner does not explain how his technical certificate in system analysis and development relates to a financial analyst's occupational requirement”
    AAO decision text
All 6 evidence items
  • motion resubmission · discounted
    “Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
    AAO decision text

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Notable

This decision concerns only a third combined motion to reopen/reconsider on the threshold exceptional-ability classification; the AAO expressly reserved (never reached) the national interest waiver prongs, citing INS v. Bagamasbad, because the underlying EB-2 classification was not established. No Dhanasar prong analysis occurs.

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. 103.2(b)(3)
  • 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)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Kazarian v. USCIS
  • Matter of Coelho
  • Matter of O-S-G-
  • Visinscaia v. Beers

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to establish exceptional-ability eligibility (uncertified/flawed translation, post-filing certification, unsupported salary claims, mischaracterized award and membership evidence) and presented no new facts or legal error warranting reopening/reconsideration.

Transferable lesson

Secure properly certified translations, ensure certifications predate filing, substantiate salary/award claims with record evidence, and identify actual legal error rather than reasserting prior arguments on motion.

Endeavor framing

vague

Evidence targeting

person_focused

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