NIW Bearings
dismissedNOV162022_02B52032022-11-16 · 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 competitive Greco-Roman wrestler who placed in tournaments in Uzbekistan and the U.S., proposed to continue competing in wrestling tournaments in the United States.

Field: Greco-Roman wrestling · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish at least three of the six exceptional-ability evidentiary criteria under 8 C.F.R. 204.5(k)(3)(ii) (academic record, license/certification, membership, and recognition criteria all rejected), and the record in the aggregate did not show a degree of expertise significantly above that ordinarily encountered in wrestling.

How the evidence was treated

  • degree · discounted
    the certificate he received was for general education
    AAO decision text
  • certification membership · discounted
    the Petitioner still has not established that his possession of this card and title is a license or certification for his occupation
    AAO decision text
  • resume experience · discounted
    it does not indicate that these were significant contributions to the sport of wrestling
    AAO decision text
  • awards · discounted
    they do not demonstrate that these personal achievements constitute significant contributions to wrestling as a whole
    AAO decision text
  • media · discounted
    the article simply mentions him as one of the wrestlers trained by the main subject of the article
    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

The AAO never reached the national interest waiver prongs because the Petitioner failed to establish threshold eligibility as an individual of exceptional ability (failing all four contested evidentiary criteria); the NIW analysis is expressly deemed 'moot' and the Director's NIW denial is simply adopted and affirmed without independent Dhanasar prong analysis.

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)(3)
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Chen v. INS

Cases in adjacent profiles