NIW Bearings
dismissedMAY182023_02B52032023-05-18 · 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 manufacturing technician, sought to continue work in manufacturing/production-related technical roles in the United States, claiming exceptional ability in this field.

Field: manufacturing / mechanical engineering technology · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner did not dispute failure as an advanced degree professional and failed to establish exceptional ability under 8 C.F.R. 204.5(k)(3)(ii), lacking three of six required criteria at time of filing; key evidence (license, membership) postdated filing and an employment letter lacked duty descriptions.

How the evidence was treated

  • resume experience · discounted
    it lacks any explanation of the duties the Petitioner performed in that position
    AAO decision text
  • certification membership · discounted
    the date of the license was after the instant petition was filed
    AAO decision text
  • recommendation letter · discounted
    it does not indicate the Petitioner has been recognized for achievements and significant contributions to the manufacturing industry as a whole
    AAO decision text
  • motion resubmission · discounted
    the Petitioner submits a brief referencing the same arguments and evidence previously submitted
    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 found the threshold EB-2 exceptional-ability eligibility dispositive and expressly declined to reach the Dhanasar national-interest-waiver prongs, though it noted in dicta that it 'reviewed the evidence in its totality and agree[d] with the Director's conclusion that the record does not establish' NIW eligibility.

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)(3)(ii)
  • Chen v. INS
  • Matter of Izummi
  • Matter of L-A-C-
  • Matter of Otiende

Cases in adjacent profiles