NIW Bearings
dismissedNOV212023_05B52032023-11-21 · 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, an automotive technician, sought to continue working in automotive repair/technology in the United States, seeking classification as an individual of exceptional ability with a national interest waiver.

Field: automotive technology · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner needed to meet 3 of 6 exceptional ability criteria; Director found only 2 met; AAO found the two additional claimed criteria (academic record and recognition/significant contributions) not satisfied, so fewer than 3 total were established.

How the evidence was treated

  • degree · discounted
    the Petitioner did not show that his certificate relates to his area of exceptional ability - automotive technology
    AAO decision text
  • recommendation letter · discounted
    the letters do not show how his contributions have impacted or influenced the field or industry in a significant manner beyond his employers or clients
    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

This is a threshold-eligibility-only denial: AAO dismissed solely on failure to meet 3 of 6 exceptional-ability criteria and expressly declined to reach the Dhanasar national interest waiver analysis, treating the threshold failure as dispositive and reserving all NIW prongs.

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)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Matter of E-M-
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles