NIW Bearings
dismissedMAR182026_01B52032026-03-18 · appeal

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 tattoo artist, sought EB-2 classification as an individual of exceptional ability along with a national interest waiver of the job offer requirement.

Field: tattoo artistry · Read the decision (uscis.gov)

EB-2 threshold — not met

SCOPS and AAO found the petitioner met only one of the three claimed exceptional-ability criteria (membership), and AAO further withdrew that finding, concluding no criteria were satisfied and EB-2 exceptional ability classification was not established.

How the evidence was treated

  • degree · discounted
    the record does not establish that the Petitioner's degree in architecture is in the area of exceptional ability
    AAO decision text
  • certification membership · discounted
    The record does not establish that membership in APT requires a U.S. bachelor's degree or foreign equivalent.
    AAO decision text
  • awards · discounted
    While these awards demonstrate personal achievements, they do not establish significant contributions to the industry.
    AAO decision text
  • recommendation letter · discounted
    the letters do not establish significant contributions to the tattoo industry
    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 expressly reserved and declined to reach any of the three Dhanasar NIW prongs because the petitioner failed the threshold EB-2 exceptional-ability classification, citing INS v. Bagamasbad for not making 'purely advisory findings.' The AAO also rejected due-process arguments that SCOPS should have issued an RFE before denying, and rejected the argument that SCOPS erred by not analyzing Dhanasar prongs, holding that failure at the threshold classification stage obviates any NIW analysis. AAO additionally withdrew SCOPS' finding that the professional-association membership criterion was met, finding it was not, after independent 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. 103.3
  • 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)
  • Flores v. Garland

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to meet 3 of 6 exceptional-ability criteria (only arguably academic record and association membership, both rejected); without EB-2 classification, NIW eligibility could not be assessed and Dhanasar was never reached.

Transferable lesson

Establish underlying EB-2 exceptional-ability/advanced-degree eligibility with criterion-specific evidence (accredited institutions, qualifying professional membership, field-wide impact) before any NIW argument matters.

Endeavor framing

vague

Evidence targeting

person_focused

Cases in adjacent profiles