NIW Bearings
dismissedMAY112023_03B52032023-05-11 · 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 sewing professional, sought EB-2 classification as an individual of exceptional ability with a national interest waiver, though the specific proposed U.S. endeavor was not reached in the decision.

Field: professional sewing · Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner failed to establish at least three of the six exceptional-ability criteria; the AAO withdrew the Director's findings on the academic record criterion (diploma unrelated to sewing) and the professional membership criterion (membership was 'pending,' not active at filing), leaving only one criterion potentially met, which was insufficient.

How the evidence was treated

  • degree · discounted
    the record does not include sufficient evidence that the diploma relates to the Petitioner's area of exceptional ability
    AAO decision text
  • certification membership · discounted
    the record does not include evidence demonstrating her active membership to ASDP at the time of filing
    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 decision's caption states 'Appeal of Texas Service Center Decision' but the body text attributes the denial to 'the Director of the Nebraska Service Center,' an internal inconsistency. The AAO withdrew both of the Director's favorable exceptional-ability findings (academic record and professional membership) and, having found the threshold EB-2 classification unmet, expressly reserved judgment on all three Dhanasar prongs, never reaching the national interest waiver analysis.

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)
  • Kazarian v. USCIS
  • Matter of Katigbak
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles