NIW Bearings
dismissedOCT262022_01B52032022-10-26 · combined · 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 decision does not substantively describe the Petitioner's proposed endeavor, as the case turned entirely on whether he qualified for the underlying EB-2 classification.

Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner failed to establish, more likely than not, that his foreign credential is the equivalent of a U.S. bachelor's degree, based on unsigned and conclusory credential evaluations; his exceptional-ability eligibility claim was also deemed waived on motion.

How the evidence was treated

  • degree · discounted
    the evaluation provides little support to inform our analysis regarding whether the Petitioner holds the requisite degree
    AAO decision text
  • motion resubmission · discounted
    does not offer any analytical roadmap that lays out the basis for the evaluator's opinions
    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

The AAO never reached the national interest waiver prongs because the threshold EB-2 classification (foreign degree equivalency) was not established on either motion, rendering the NIW issue moot; the Petitioner's exceptional-ability eligibility claim was deemed waived for not being contested on motion. Two successive unsigned, conclusory credential evaluations (one equating the degree to a Canadian rather than U.S. bachelor's degree) were both discounted as lacking an analytical roadmap.

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. 103.5
  • Matter of Ho
  • Matter of L-A-C-
  • Matter of R-A-M-

Cases in adjacent profiles