NIW Bearings
dismissedMAR252021_03B52032021-03-25 · appeal · Nebraska 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, apparently a staff member of an international organization, sought classification as an individual of exceptional ability with a national interest waiver; the specific proposed endeavor is not discussed because the case was resolved on threshold eligibility grounds.

Field: unknown (redacted; appears to be international organization staff) · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner met two of three previously-accepted exceptional-ability criteria but failed to additionally establish the criterion at 8 C.F.R. 204.5(k)(3)(ii)(D) (commanded salary/remuneration), and thus did not satisfy at least three criteria overall, making him ineligible for exceptional-ability classification.

How the evidence was treated

  • other · discounted
    the Petitioner has not established that his remuneration is a result of his exceptional ability, as opposed to the [] standardized pay scale for his position and time in grade
    AAO decision text

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Notable

Case resolved entirely on threshold exceptional-ability grounds (the salary/remuneration criterion under 8 C.F.R. 204.5(k)(3)(ii)(D)); AAO expressly declined to reach the Dhanasar national-interest-waiver prongs as unnecessary given the dispositive threshold failure. The employer, apparently an international organization (likely UN-affiliated), is heavily redacted throughout.

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. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Matter of L-A-C-
  • Matter of R-A-M-
  • Poursina v. USCIS

Cases in adjacent profiles