NIW Bearings
dismissedNOV292023_03B52032023-11-29 · 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 IT project manager who owned an IT consulting company in Brazil, intended to provide IT project-management services to small- and medium-sized U.S. businesses.

Field: information technology / IT project management · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner sought classification as an individual of exceptional ability; AAO found he satisfied only two of the required three of six regulatory criteria (academic record and ten years' experience), failing the professional-association-membership and recognition-for-achievements criteria, and thus did not meet the initial exceptional-ability threshold.

How the evidence was treated

  • degree · credited
  • resume experience · credited
  • certification membership · discounted
    Neither the PMI bylaws nor any other evidence in the record indicates that PMI membership requires the attainment of, at minimum, a baccalaureate degree
    AAO decision text
  • recommendation letter · discounted
    they do not reference any formal recognition of achievements or contributions to the IT industry
    AAO decision text

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Notable

The AAO partially credited the Petitioner on appeal, withdrawing the Director's finding on the ten-years-experience criterion after crediting secondary corroborating evidence, but the appeal still failed because the Petitioner met only two of the required three exceptional-ability criteria; the AAO expressly declined to reach the Dhanasar prongs as unnecessary given the dispositive threshold failure.

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

Cases in adjacent profiles