NIW Bearings
dismissedMAY232024_06B52032024-05-23 · 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, who specializes in automotive paintless dent repair (PDR), intended to operate a repair facility in the United States.

Field: automotive paintless dent repair · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish at least three of six exceptional ability criteria under 8 C.F.R. 204.5(k)(3)(ii); academic record, professional association membership, and recognition/contributions criteria were not met.

How the evidence was treated

  • degree · discounted
    The record does not include supporting documentation demonstrating that the provided certificates originated from a college, university, school, or other institution ofleaming.
    AAO decision text
  • certification membership · discounted
    The documentation in the record does not indicate that NAPDRT membership requires the attainment of, at minimum, a baccalaureate degree.
    AAO decision text
  • recommendation letter · discounted
    none of the submitted letters serve as objective evidence of recognition for achievements and significant contributions to his field.
    AAO decision text
  • awards · discounted

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Notable

Petitioner failed at the threshold exceptional-ability stage, so the AAO declined to reach the Dhanasar three-prong analysis entirely. AAO also noted the appeal itself could have been summarily dismissed for failing to identify specific errors under 8 C.F.R. 103.3(a)(1)(v), but proceeded to address the merits anyway. AAO also withdrew (in petitioner's favor) the Director's finding on the professional-association criterion, though this did not change the outcome since other criteria still failed.

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)
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles