NIW Bearings
dismissedJUL172023_01B52032023-07-17 · 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 continue self-described pioneering work in crime victim research and advocacy for international students and for U.S. citizens/LPRs abroad, a field he claims to have originated over 13 years ago.

Field: crime victim research and advocacy for international students and immigrants · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish qualification as either an advanced degree professional (no evidence of accredited advanced degree or five years progressive post-baccalaureate experience via employer letters) or as an individual of exceptional ability (met only one of six regulatory criteria, and did not adequately support a comparable-evidence claim).

How the evidence was treated

  • degree · discounted
    the Petitioner has not demonstrated that... is accredited by an organization listed by the U.S. Department of Education as a recognized accrediting agency
    AAO decision text
  • resume experience · discounted
    his appellate submission does not include evidence from employers to overcome the Director's determination
    AAO decision text
  • certification membership · discounted
    he does not offer arguments or evidence demonstrating that he meets at least three of the regulatory criteria
    AAO decision text

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Notable

AAO declined to reach the Dhanasar national interest waiver analysis entirely because the underlying EB-2 classification (advanced degree/exceptional ability) was not established, citing Bagamasbad and Matter of L-A-C- for declining unnecessary findings. The Petitioner, appearing to proceed pro se, argued he was exempt from standard evidentiary criteria because he was a 'pioneer' in a field with no trainers or teachers who could write recommendation letters; AAO rejected this as an inadequately supported comparable-evidence claim. AAO also noted in a footnote that Petitioner never submitted Form ETA-750B or the relevant parts of ETA-9089, meaning he had not properly applied for an NIW at all.

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.

  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles