NIW Bearings
dismissedJUL122024_07B52032024-07-12 · 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 senior project manager with a background as an electromechanical technician, sought to continue work in project management within the energy/power infrastructure sector in the United States.

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

EB-2 threshold — not met

Petitioner did not claim advanced-degree eligibility and, as an individual of exceptional ability, failed to establish at least three of the six regulatory criteria (withdrawing the Director's finding on the professional-membership criterion and agreeing he failed licensure/certification, high-remuneration, and recognition criteria); even assuming three criteria were met, the totality of evidence (education, PMI/IEEE affiliation, recommendation and expert letters) did not show expertise significantly above that ordinarily encountered in the field.

How the evidence was treated

  • recommendation letter · discounted
    the recommendation letters do not provide details on how the Petitioner contributed to project management more broadly
    AAO decision text
  • certification membership · discounted
    these assertions and the current record do not establish that his certificate of membership is a license to practice his occupation
    AAO decision text
  • degree · discounted
    the possession of a degree, diploma, certificate, or similar award... is not in and of itself sufficient evidence of exceptional ability
    AAO decision text

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Notable

The AAO withdrew part of the Director's favorable finding on one exceptional-ability criterion (professional membership) sua sponte but still affirmed the ultimate denial. Because the underlying EB-2 exceptional-ability classification was not established, the AAO expressly reserved and declined to reach the Dhanasar national-interest-waiver prongs, 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
  • Flores v. Garland
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles