NIW Bearings
dismissedOCT042022_02B52032022-10-04 · 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, whose background was in office administration, sought to work in the United States as a financial manager.

Field: financial management / administration · Read the decision (uscis.gov)

EB-2 threshold — not met

Failed both advanced degree pathway (no five years progressive post-baccalaureate experience shown) and exceptional ability pathway (fewer than three of six criteria adequately established); dispositive of the appeal.

How the evidence was treated

  • resume experience · discounted
    the evidence does not establish that the Petitioner's experience was progressive in nature
    AAO decision text
  • degree · discounted
    we cannot conclude his course of study as an administrator sufficiently relates to the area of claimed exceptional ability
    AAO decision text
  • certification membership · discounted
    it cannot be concluded that the identity card and registration remained valid through the adjudication of the petition
    AAO decision text
  • other · discounted
    the data would not correlate to the years for which the Petitioner offered evidence of his salary
    AAO decision text
  • motion resubmission · discounted
    the Petitioner reiterates the same eligibility claims that he had previously submitted to the Director without meaningfully addressing the evidentiary deficiencies
    AAO decision text

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Notable

AAO adopts and affirms the Director's decision under Matter of P. Singh/Burbano adoption doctrine; threshold EB-2 failure alone is dispositive and AAO expressly declines to reach the Dhanasar prongs, though it notes agreement with the Director's Dhanasar analysis in passing. Significant discussion of inconsistent employer letters (manager vs. administrator) and untranslated/mismatched salary evidence.

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)(1)
  • 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
  • INA 203(b)(2)
  • INA 291
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles