NIW Bearings
dismissedMAY182026_01B52032026-05-18 · 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, an industrial machinery mechanic with two decades of experience as an electromechanical maintenance technician in Brazil, sought to work in the same occupation in the United States and requested a national interest waiver.

Field: industrial machinery mechanics / electromechanical maintenance · Read the decision (uscis.gov)

EB-2 threshold — not met

SCOPS and AAO found the Petitioner met only 2 of 6 exceptional-ability criteria (degree and 10 years' experience), failing license/certification, salary, membership, and recognition criteria, so exceptional ability was not established.

How the evidence was treated

  • certification membership · discounted
    “the Petitioner has not asserted, and the record does not otherwise demonstrate, that the IEEE or ASME require its members to possess the equivalent of a U.S. bachelor's degree”
    AAO decision text
  • recommendation letter · discounted
    “the letters describe the Petitioner as a valued employee and colleague, making positive contributions to his client operations”
    AAO decision text
  • resume experience · credited
  • degree · credited
  • other · discounted
    “the Petitioner has not sufficiently demonstrated the applicable average annual salary given his level of experience in Brazil”
    AAO decision text
All 6 evidence items
  • awards · discounted
    “it is not clear how the Petitioner's participation in the "1st Science Fair" and "Cultural Week"... represents recognition for achievement”
    AAO decision text

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Notable

This is an NIW petition, but the AAO never reached the national interest waiver analysis because the Petitioner failed the threshold exceptional-ability requirement (met only 2 of 6 regulatory criteria); the AAO expressly stated further NIW analysis 'would also serve no meaningful purpose.'

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. 103.5
  • INA 203(b)(2)
  • Matter of Ho
  • USCIS Policy Manual F.5(B)(2)

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