NIW Bearings
dismissedMAR212023_03B52032021-03-21 · 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 continue her career in the United States as a general and operations manager, drawing on 19 years of claimed expertise in business management.

Field: general and operations management / business · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish exceptional ability; did not meet at least three of the six regulatory criteria (only satisfied licensing criterion; academic record, experience, membership, and recognition criteria all failed).

How the evidence was treated

  • degree · discounted
    The Petitioner has not established that her diploma in real estate relates to her claimed area of exceptional ability
    AAO decision text
  • resume experience · discounted
    the Petitioner has not provided sufficient evidence showing that she has at least 10 years of full-time experience in the position for which she is being sought
    AAO decision text
  • certification membership · discounted
    these documents pertain to the respective memberships of two entities and do not establish that Petitioner herself is a member of a professional association
    AAO decision text
  • recommendation letter · discounted
    none describe specific achievements and significant contributions to an industry or field as a whole
    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 withdrew the Director's favorable finding on the academic-record criterion (degree-endeavor mismatch: real estate diploma vs. general/operations management occupation), while still dismissing on exceptional-ability grounds overall; declined to reach NIW prongs entirely as threshold eligibility was dispositive, though it noted in dicta that the evidence also would not show national importance.

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.

  • Matter of Ho
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles