NIW Bearings
dismissedJUL172024_14B52032024-07-17 · 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, CEO of a lighting event design group, sought to continue his work designing and executing holiday and event lighting projects in the United States.

Field: lighting event design · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner did not establish an advanced degree (no bachelor's degree submitted; certificates from non-qualifying institutions do not substitute) and did not meet at least three of the six exceptional ability criteria (academic record, ten years full-time experience, license/certification, and salary/remuneration all found lacking).

How the evidence was treated

  • certification membership · discounted
    these certificates do not constitute official academic records
    AAO decision text
  • resume experience · discounted
    the Petitioner has not demonstrated that he has accumulated at least ten years of full-time experience
    AAO decision text
  • contract revenue · discounted
    the Petitioner does not assert that a license or certification is required to practice his profession
    AAO decision text
  • degree · discounted
    he did not submit evidence of a bachelor's degree or foreign equivalent degree
    AAO decision text

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Notable

AAO did not reach the Dhanasar NIW prongs at all because threshold EB-2 eligibility (advanced degree/exceptional ability) failed; explicitly reserved opinion on NIW analysis as serving 'no meaningful purpose.' Untranslated foreign documents were excluded under 8 C.F.R. 103.2(b)(3).

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. 103.2(b)(3)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles