NIW Bearings
dismissedOCT062022_01B52032022-10-06 · appeal · Nebraska 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 electrical engineer specializing in electric vehicle technology, sought to serve as Director of a proposed joint venture bringing his industry expertise and patented EV technology to build electric vehicles in the United States.

Field: electrical engineering / electric vehicle technology · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish five years of progressive post-baccalaureate experience in the specialty required for advanced degree professional classification; employment letters and certificates lacked descriptions of job duties and did not cover a full five-year post-baccalaureate period.

How the evidence was treated

  • resume experience · discounted
    self-serving and does not provide independent, objective evidence of his prior work experience
    AAO decision text
  • recommendation letter · discounted
    The letter does not describe the Petitioner's duties in an specific position.
    AAO decision text
  • degree · credited
  • motion resubmission · discounted
    He did not submit new employment letters or any additional evidence to document his five years
    AAO decision text
  • media · discounted
    the articles do not address the specific proposed endeavor
    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

AAO found threshold EB-2 eligibility dispositive and declined to reach the Dhanasar prongs, but included a footnote stating that even if it had addressed the remaining issues, it would still have dismissed the appeal, noting the Director had found substantial merit met but national importance, prong 2, and prong 3 not met, and that Petitioner's appeal evidence (news/journal articles) did not address the specific proposed endeavor. Also flagged an unresolved overlapping employment discrepancy for any future filings.

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.

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

Cases in adjacent profiles