NIW Bearings
dismissedOCT202021_01B52032021-10-20 · 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, a martial arts (MMA) fighter and coach, sought EB-2 classification as an individual of exceptional ability with a waiver of the job offer requirement.

Field: martial arts / mixed martial arts fighting · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner satisfied only one of six exceptional-ability criteria (recognition for achievements, (F)); AAO found criteria (B) experience, (C) license/certification, (D) salary/remuneration, and (E) professional membership unmet, and thus did not establish exceptional ability.

How the evidence was treated

  • resume experience · discounted
    the record does not satisfy the criterion at 8 C.F.R. § 204.5(k)(3)(ii)(B)
    AAO decision text
  • certification membership · discounted
    the record does not satisfy the criterion at 8 C.F.R. § 204.5(k)(3)(ii)(C)
    AAO decision text
  • contract revenue · discounted
    the record does not satisfy the criterion at 8 C.F.R. § 204.5(k)(3)(ii)(D)
    AAO decision text
  • media · discounted
    the record does not contain documentary evidence to support the Petitioner's assertions about his videos' viewership
    AAO decision text
  • certification membership · discounted
    the record does not satisfy the criterion at 8 C.F.R. § 204.5(k)(3)(ii)(E)
    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 took administrative notice of the Petitioner's actual public YouTube channel statistics (about 3,000 total views) to directly contradict the Petitioner's unsupported claim of 200,000+ views, an unusually investigative footnote. The decision never reached the NIW prongs because it disposed of the case entirely at the threshold exceptional-ability stage.

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. 204.5(k)(3)(ii)
  • Kazarian v. USCIS
  • Matter of Katigbak
  • USCIS Policy Manual F.5(B)(2)
  • Visinscaia v. Beers

Cases in adjacent profiles