NIW Bearings
dismissedMAY252023_09B52032023-05-25 · 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 decision does not describe the Petitioner's proposed endeavor in detail, as the AAO resolved the appeal entirely on threshold classification grounds without reaching the national interest waiver analysis.

Field: logistics · Read the decision (uscis.gov)

EB-2 threshold — not met

The Director found the Petitioner did not qualify as either an advanced degree professional or an individual of exceptional ability; a post-NOID evaluation claimed his logistics technologist diploma plus experience equated only to a U.S. bachelor's degree (not an advanced degree), and the Petitioner did not contest this finding on appeal, so the AAO deemed the issue waived and affirmed the denial on this ground alone.

How the evidence was treated

  • degree · discounted
    As the Petitioner's diploma is not the foreign equivalent of a U.S. bachelor's degree, we cannot conclude that he meets the definition of advanced degree professional
    AAO decision text

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Notable

The AAO never reached the Dhanasar national interest waiver framework at all; it affirmed denial solely because the Petitioner failed to challenge the Director's underlying EB-2 classification finding on appeal, treating that issue as waived/abandoned and expressly reserving the national interest waiver question under INS v. Bagamasbad.

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

Cases in adjacent profiles