NIW Bearings
dismissedMAY302024_11B52032024-05-30 · 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 chief executive officer and capoeira coach, sought to continue teaching and leading capoeira instruction and related activities in the United States.

Field: capoeira instruction/coaching · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO found the petitioner failed to meet any of the six exceptional-ability criteria at 8 C.F.R. 204.5(k)(3)(ii), including withdrawing the Director's favorable finding on the professional-association criterion, and thus could not satisfy even the initial three-criteria threshold for exceptional ability classification.

How the evidence was treated

  • degree · discounted
    The evidence did not adequately establish how the certificates the Petitioner submitted were on level terms with degrees, diplomas, certificates or similar awards
    AAO decision text
  • resume experience · discounted
    The letter does not sufficiently describe the duties the Petitioner carried out in their capoeira teacher position.
    AAO decision text
  • certification membership · discounted
    The Espirito Santo State Capoeira Federation is not a professional association.
    AAO decision text
  • recommendation letter · discounted
    these statements are not supported by any evidence in the record which reflects that these are noteworthy as achievements and significant contributions
    AAO decision text

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Notable

AAO dismissed the appeal solely on threshold exceptional-ability grounds, expressly reserving/declining to reach the Dhanasar national interest waiver analysis (all three prongs) as unnecessary. The AAO also withdrew the Director's favorable finding on the professional-membership criterion, finding the Petitioner met zero of six exceptional-ability criteria rather than the two the Director had credited.

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
  • Flores v. Garland
  • Matter of L-A-C-
  • Matter of Y-B-

Cases in adjacent profiles