NIW Bearings
dismissedJUL112023_07B52032023-07-11 · 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, an aircraft mechanic certified to work on multiple aircraft models, sought to continue working in his field in the United States.

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

EB-2 threshold — not met

Petitioner met at least three of six regulatory criteria for exceptional ability but the Director's final merits determination found he did not show a degree of expertise significantly above that ordinarily encountered in the field; AAO adopted and affirmed this finding, and it was dispositive.

How the evidence was treated

  • certification membership · discounted
    meeting the minimum requirements by providing at least three types of initial evidence does not, in itself, establish
    AAO decision text
  • resume experience · discounted

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 case turned entirely on the threshold EB-2 exceptional-ability determination, not on the Dhanasar NIW prongs; the Director had actually found prongs 1 and 2 met (but not prong 3), yet AAO never reached the NIW analysis because the threshold failure was dispositive. AAO also adopted and affirmed the Director's decision under Matter of Burbano rather than independently restating the analysis. A footnote flags unresolved employment-date inconsistencies in the record as an aside not material to the outcome.

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

Cases in adjacent profiles