NIW Bearings
dismissedMAY102023_05B52032023-05-10 · 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, a hotel and tourism industry manager, sought to continue his career as a hospitality professional (general/regional hotel manager) in the United States.

Field: hotel and tourism management · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner's bachelor's degree alone did not qualify him as an advanced degree professional, and he lacked five years of progressive experience following receipt of that degree as required; he also satisfied only two of the six exceptional-ability criteria, short of the required three.

How the evidence was treated

  • degree · credited
  • resume experience · credited
  • certification membership · discounted
    the Petitioner has not established that it is a professional association
    AAO decision text
  • awards · discounted
    he has not submitted sufficient evidence to establish this claim
    AAO decision text
  • recommendation letter · discounted
    do not describe recognition for achievements or significant contributions to his industry
    AAO decision text
All 6 evidence items
  • other · discounted
    the Petitioner has not sufficiently established that he has commanded a salary that demonstrates exceptional ability
    AAO decision text

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Notable

The AAO never reached the Dhanasar national-interest-waiver framework because it found the Petitioner ineligible for the underlying EB-2 classification (failing both the advanced degree and exceptional ability pathways), expressly reserving opinion on all three Dhanasar prongs.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Matter of Katigbak
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles