NIW Bearings
dismissedOCT262023_03B52032023-10-26 · 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, describing himself as an industrial designer with a background in architecture, sought EB-2 classification and a national interest waiver, but the decision does not reach the specifics of his proposed endeavor because it was resolved on threshold eligibility grounds.

Field: industrial design / architecture · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish eligibility as either an individual of exceptional ability (did not meet at least three of six regulatory criteria, with deficient/inconsistent evidence of a degree) or as an advanced degree professional (record showed an incomplete bachelor's degree per his own labor certification application and personal statement, contradicting appellate claims of degree completion); untranslated transcript given no weight and resume showed no qualifying post-baccalaureate progressive experience.

How the evidence was treated

  • degree · discounted
    he did not establish that the certificate was related to industrial design, the area in which he claims to have exceptional ability
    AAO decision text
  • resume experience · discounted
    his work history does not show the required post-baccalaureate work experience in the specialty
    AAO decision text
  • certification membership · discounted
    The 'Thank you letter,' certificate of participation in a 2017 exhibition, and claim that the Petitioner 'passed professional practice' do not establish that he met either of the two listed criteria
    AAO decision text

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Notable

AAO dismissed the appeal purely on threshold EB-2 classification grounds (failure to establish exceptional ability or advanced degree professional status due to inconsistent claims about completion of a bachelor's degree), expressly declining to reach the Dhanasar three-prong national interest waiver analysis under Bagamasbad/L-A-C- reserved-issue doctrine.

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)(3)
  • 8 C.F.R. 204.5(k)(2)
  • Matter of Ho
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles