NIW Bearings
dismissedJUL302024_05B52032024-07-30 · 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, a systems analyst, intended to advance his career in IT by offering IT solutions and services to private and public enterprises in the United States.

Field: systems analysis / IT · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish a single course of study equivalent to a U.S. bachelor's degree (transcript showed 5 semesters, not 4 years) and failed to show 5 years of progressive experience in the specialty following the degree.

How the evidence was treated

  • degree · discounted
    the dates listed appear to correlate with semesters rather than one ongoing, year-long course of study
    AAO decision text
  • certification membership · discounted
    the evaluation letters are of limited assistance in evaluating the Petitioner's educational credentials and we afford them limited weight
    AAO decision text
  • resume experience · discounted
    these letters do not provide details of the Petitioner's duties and responsibilities
    AAO decision text
  • recommendation letter · discounted
    they appear to be authored by former coworkers rather than company representatives or supervisors who can attest to the Petitioner's work assignments
    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

AAO reserved opinion on the Dhanasar national interest waiver analysis entirely because threshold EB-2 advanced degree eligibility was not established, citing INS v. Bagamasbad and Matter of L-A-C- for declining to reach unnecessary alternative issues.

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. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Matter of L-A-C-

Cases in adjacent profiles