NIW Bearings
remandedJUL152021_01B52032021-07-15 · appeal · Nebraska 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 flight simulator maintenance engineer, proposed to continue working in flight simulator maintenance while also teaching and training new technicians and engineers at independent training centers, aviation maintenance schools, and colleges.

Field: flight simulator engineering / aviation maintenance · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO disagreed with the Director's finding that the Petitioner qualified as an advanced degree professional, noting the record showed only an associate's degree and lacked evidence combining education and experience to equate to a bachelor's degree; remanded for the Director to also consider the alternative exceptional-ability claim that was never evaluated.

How the evidence was treated

  • degree · discounted
    the record lacks corroborating evidence to that claim
    AAO decision text
  • resume experience · ignored
    the Director did not evaluate the evidence that pertained to the Beneficiary's claimed exceptional ability
    AAO decision text

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Notable

AAO remanded rather than reaching the Dhanasar prongs because the Director's denial failed to analyze the petitioner's stated endeavor (teaching/training plus maintenance work) under the framework at all, and separately reversed the Director's finding that the petitioner met the advanced-degree threshold while noting the Director never evaluated the alternative exceptional-ability claim.

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. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director erred at both steps: wrongly found advanced-degree eligibility despite only an associate's degree, and wrongly held the endeavor was not specific enough, precluding any Dhanasar analysis; AAO remanded for a proper sequential analysis.

Transferable lesson

Ensure the underlying EB-2 classification (advanced degree vs. exceptional ability) is squarely established before framing endeavor and national-importance arguments, and state the endeavor with enough specificity to survive threshold review.

Endeavor framing

moderate

National-importance theory

field_advancement · economic_growth_generic

Evidence targeting

person_focused

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