NIW Bearings
dismissedJUN252024_11B52032024-06-25 · 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 mechatronics/electrical engineer with field service and installation experience, sought to continue work in the engineering field in the United States, though the specific proposed endeavor was not reached by the AAO.

Field: mechatronics/electrical engineering · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner did not dispute ineligibility as an advanced degree professional and instead claimed exceptional ability, but met only two of the six required regulatory criteria (needed at least three), failing on license/certification, salary, membership, and recognition criteria.

How the evidence was treated

  • degree · credited
  • resume experience · credited
  • certification membership · discounted
    The Petitioner has not established that his completion of a vocational high school diploma...is comparable to a license or certification
    AAO decision text
  • other · discounted
    The wage comparisons for "electronics technician" do not meet the Petitioner's burden to demonstrate he commanded a salary demonstrating exceptional ability
    AAO decision text

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Notable

The AAO resolved the case entirely on the threshold EB-2 exceptional-ability criteria (met only 2 of 6 regulatory categories), and expressly declined to reach any of the three Dhanasar NIW prongs, reserving opinion on them. Notable use of AACRAO EDGE database to evaluate foreign vocational diploma equivalency and wage-comparison website evidence (talent.com, salary.com, indeed.com) discounted as mismatched job title.

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)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles