NIW Bearings
dismissedJUL172024_09B52032024-07-17 · 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.

A former police officer and self-described security and counterintelligence analyst and forensic science expert proposed to direct a New York-based company providing digital forensic and cybersecurity consulting services to U.S. businesses.

Field: security and counterintelligence analysis / digital forensics and cybersecurity consulting · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish she held a foreign equivalent U.S. bachelor's degree (only two years of the four generally required were shown) for the advanced-degree-professional pathway, and failed to meet at least three of the six exceptional-ability criteria, as her employer letters conflicted on the length of her employment and showed less than ten years of experience.

How the evidence was treated

  • degree · discounted
    the new evaluation is of little weight because it does not explain how the Petitioner's five semesters of education are equivalent to a U.S. bachelor's degree
    AAO decision text
  • resume experience · discounted
    The Petitioner has not submitted letters from employer(s) showing that she has at least ten years of experience as a security and counterintelligence analyst and forensic science expert
    AAO decision text

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

The AAO's threshold EB-2 classification finding (neither advanced-degree professional nor exceptional ability) was dispositive; it expressly declined to reach the national interest waiver analysis at all, so none of the three Dhanasar prongs were ever analyzed.

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.

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

Cases in adjacent profiles