NIW Bearings
dismissedJUN082023_03B52032023-06-08 · 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, an operations specialist, sought to continue working in business/operations management in the United States and requested a waiver of the job offer requirement.

Field: business management / operations · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish a foreign equivalent of a U.S. baccalaureate degree or five years of progressive post-baccalaureate experience; also did not submit requested credential evaluation and EDGE showed no matching degree.

How the evidence was treated

  • degree · discounted
    the record does not reflect the Petitioner possesses either a foreign equivalent degree of a United States advanced degree
    AAO decision text
  • resume experience · discounted
    nor did he establish his employment letters show at least five years of progressive post-baccalaureate experience in his specialty
    AAO decision text
  • motion resubmission · ignored
    we will not consider this evidence for the first time
    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

Case turned entirely on threshold EB-2 advanced-degree eligibility; AAO expressly declined to reach the Dhanasar national interest waiver analysis, reserving that issue as unnecessary given the threshold failure. Petitioner's EDGE database mismatch for foreign degree and failure to submit requested credential evaluation were key factors.

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)
  • Chen v. INS
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles