NIW Bearings
remandedJUN212021_02B52032021-06-21 · 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 sought to serve as CEO responsible for coordinating the operational, commercial, and financial strategies of a company that distributes products.

Field: distribution/CEO of a products company · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO found the Petitioner had not established she holds a U.S. bachelor's equivalent degree, that the credential evaluator reviewed the required letters, or her actual field of study due to discrepancies between the diploma and its translation.

Prong 2 — well positionednot established

“we withdraw the Director's conclusions that the Petitioner established that she is an advanced degree professional and well positioned to advance the proposed endeavor.”
“The Director's decision simply states that "[t]he [P]etitioner has provided education and experience that she is well positioned to advance her proposed endeavor," without any additional explanation”

AAO decision text

How the evidence was treated

  • degree · discounted
    “no evidence that this diploma is a bachelor's level degree”
    AAO decision text
  • other · discounted
    “provided document appears to be a copy of course offerings”
    AAO decision text
  • resume experience · discounted
    “The section regarding her professional experience is copied directly from her resume.”
    AAO decision text

Where this case turned

  • Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable

AAO remanded rather than dismissing, finding the Director's decision inadequately analyzed the threshold EB-2 qualification and failed to properly apply the Dhanasar three-prong framework; AAO directed the Director to address threshold eligibility first and, if met, then address the three prongs, with any adverse decision to be certified back to AAO for review.

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. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • INA 203(b)(2)
  • Matter of Ho

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to establish threshold EB-2 eligibility (foreign equivalent bachelor's degree, unresolved field-of-study discrepancy, deficient credential evaluation), and Director's prong analysis was inadequately explained, requiring remand.

Transferable lesson

Resolve all degree/credential discrepancies with independent objective evidence before NIW merits are reached; ensure evaluators review required documentation per 8 C.F.R. § 204.5(k)(2).

Endeavor framing

vague

Evidence targeting

person_focused

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