NIW Bearings
dismissedJUL252022_01B52032022-07-25 · 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 sought employment as an IT coordinator, asserting he would make important contributions to the U.S. by introducing automated purchasing processing systems and infrastructure services through his own company.

Field: information technology / network and computer systems administration · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner did not claim advanced-degree professional eligibility and failed to satisfy at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. 204.5(k)(3)(ii); only the academic-degree criterion was met, with work-experience letters, license/certification, salary, professional-membership, and recognition criteria all found unmet.

How the evidence was treated

  • degree · credited
  • resume experience · discounted
    The Petitioner's documentation falls short in demonstrating that he has at least ten years of full-time experience in the Network and Computer Systems Administrators occupation.
    AAO decision text
  • certification membership · discounted
    The Petitioner has not explained how attending computer-related training courses constitutes his certification for the occupation.
    AAO decision text
  • recommendation letter · discounted
    the evidence does not show that the Petitioner's work has had an impact beyond his employers, clientele, and their projects.
    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 found the Petitioner ineligible for the underlying EB-2 exceptional-ability classification and, per Bagamasbad and Matter of M-F-O-, expressly declined to reach any of the three Dhanasar national-interest-waiver prongs, resolving the appeal entirely on threshold eligibility grounds.

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)(1)
  • 8 C.F.R. 204.5(g)(1)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Kazarian v. USCIS
  • Matter of Ho
  • Matter of R-A-M-
  • Poursina v. USCIS

Cases in adjacent profiles