NIW Bearings
dismissedJUN152022_02B52032022-06-15 · 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.

A wrestling/combat-sport coach sought to continue coaching athletes in the United States, based on his prior coaching career in Georgia and other countries.

Field: wrestling/sports coaching · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish either (1) at least five years of progressive post-baccalaureate experience in the specialty for advanced-degree equivalency, or (2) at least three of the six exceptional-ability criteria (only one of six was met).

How the evidence was treated

  • degree · discounted
    the record does not establish that the Petitioner has at least five years of progressive experience in the specialty
    AAO decision text
  • resume experience · discounted
    they are not evidence in the form of letters from current or former employers of the Petitioner
    AAO decision text
  • recommendation letter · discounted
    it does not recognize any significant contributions the Petitioner has made to the industry or field
    AAO decision text
  • certification membership · discounted
    the record does not establish that any of the Petitioner's training certificates are the type of license or certification required
    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 dismissed the appeal entirely on threshold EB-2 eligibility grounds (neither advanced degree equivalency nor exceptional ability established) and expressly declined to reach the Dhanasar national interest waiver prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the proposition that agencies need not decide unnecessary 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. 103.2(b)(1)
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Matter of L-A-C-

Cases in adjacent profiles