NIW Bearings
dismissedMAR202023_02B52032023-03-20 · 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 Brazilian law enforcement and intelligence officer with approximately 25 years of service sought to continue work as a crime and intelligence specialist in the United States, citing benefits to U.S. national security and law enforcement training.

Field: crime and intelligence / law enforcement · Read the decision (uscis.gov)

EB-2 threshold — not met

Although the Director found four of six exceptional-ability criteria satisfied, the AAO concluded on final merits determination that the Petitioner did not show a degree of expertise significantly above that ordinarily encountered in his field.

How the evidence was treated

  • resume experience · discounted
    the Petitioner did not sufficiently indicate how he has obtained a level of expertise significantly above others
    AAO decision text
  • certification membership · discounted
    the Petitioner did not demonstrate how this training sets him apart from other crime and intelligence specialists
    AAO decision text
  • awards · discounted
    it is not clear how they demonstrate significant expertise beyond others working in law enforcement and intelligence
    AAO decision text
  • recommendation letter · discounted
    these letters do not clearly indicate how his expertise is significantly developed beyond his colleagues in the field
    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

The AAO dismissed the appeal solely on the threshold exceptional-ability finding and expressly reserved the Dhanasar national-interest-waiver analysis, citing 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(k)(2)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles