NIW Bearings
dismissedJUN272024_05B52032024-06-27 · 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 decision does not describe the Petitioner's proposed endeavor because the case was resolved entirely on failure to establish underlying EB-2 eligibility.

Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner's foreign degree was found equivalent only to a U.S. bachelor's degree, and he failed to submit employer letters showing at least five years of progressive post-baccalaureate experience in the specialty, as required to qualify as an advanced degree professional.

How the evidence was treated

  • resume experience · discounted
    the record does not indicate that the Petitioner submitted any employment verification letters
    AAO decision text

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Notable

AAO dismissed the appeal solely on threshold EB-2 eligibility grounds (missing employment letters establishing five years of progressive post-baccalaureate experience) and expressly reserved discussion of the Dhanasar national interest waiver framework, citing INS v. Bagamasbad and Matter of L-A-C- for declining to reach 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. 103.3
  • 8 C.F.R. 204.5(g)(1)
  • 8 C.F.R. 204.5(k)(2)
  • Chen v. INS
  • Matter of L-A-C-

Cases in adjacent profiles