NIW Bearings
dismissedJAN262023_01B52032023-01-26 · 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 sought to work as a postsecondary English language and literature teacher (ESL teacher) in the United States.

Field: English language and literature (postsecondary teaching) · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner's three-year foreign degree was in Media Studies with a major in Public Relations, unrelated to the proposed endeavor's specialty of English language/literature; record did not show at least a bachelor's degree in the endeavor's specialty, so she did not qualify as an advanced degree professional or as an individual of exceptional ability (only 2 of 6 criteria satisfied, with the recommendation-letter criterion abandoned).

How the evidence was treated

  • degree · discounted
    the record does not establish that it is a degree in the proposed endeavor's specialty
    AAO decision text
  • recommendation letter · discounted
    letters of recommendation in the record are insufficient to satisfy the criterion
    AAO decision text

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Notable

AAO withdrew the Director's finding that the teaching position itself did not qualify as a profession (noting section 101(a)(32) expressly includes teachers), but still dismissed the appeal on the separate threshold ground that the Petitioner's own degree was unrelated to the endeavor's specialty. The AAO expressly declined to reach the Dhanasar prongs, citing Bagamasbad and Matter of L-A-C-, since the threshold EB-2 classification failure alone was dispositive.

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
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles