NIW Bearings
dismissedJUN132019_02B52032019-06-13 · 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, a judo athlete and coach, proposed to continue competing in U.S. judo tournaments and coaching other athletes, asserting this would increase U.S. athletic competitiveness at the national and international level.

Field: judo (martial arts) · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and the AAO confirmed, that the Petitioner met the exceptional ability classification under 8 C.F.R. 204.5(k)(3)(ii).

Prong 1 — national importancenot established · dispositive

he has not offered sufficient information and evidence to demonstrate that his involvement as a competitor stands to impact USA Judo, the [ ] team, or his sport a level consistent with having national importance
Nor has he shown that his proposed U.S. coaching work is at a level that would offer national implications for his sport, or that the implications of such work stand to impact the sport more broadly, as opposed to being limited to his judo students
the relevant question is not the importance of the industry or profession in which the individual will work; instead we focus on the "the specific endeavor that the foreign national proposes to undertake."

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    The majority of these letters do not include an address, a telephone number, or any other information through which the individuals can be contacted.
    AAO decision text
  • resume experience · discounted
    this competition post-dated the filing of the petition. Eligibility must be established at the time of filing.
    AAO decision text

Where this case turned

  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
2,179coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

The AAO found the underlying exceptional-ability classification satisfied but dismissed solely on Dhanasar prong 1, expressly declining to reach prongs 2 and 3 as they 'would serve no meaningful purpose.' A footnote also faulted most support letters for lacking contact information, and another noted a cited 2018 competition win could not be considered because it postdated the filing date.

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(k)(3)(ii)
  • INA 291

Cases in adjacent profiles