NIW Bearings
dismissedOCT262023_04B52032023-10-26 · 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 sought to work in marketing and sales, including business development activities through a company he was associated with, though the specific national-interest endeavor was not reached by the AAO.

Field: marketing and sales · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish a qualifying advanced degree or foreign equivalent degree, failed to show five years of progressive post-baccalaureate experience, and failed to meet at least three of the exceptional ability regulatory criteria (only two of six were satisfied).

How the evidence was treated

  • degree · discounted
    the Petitioner has not demonstrated that he has "a foreign equivalent degree" to either a U.S. advanced degree or a U.S. baccalaureate degree
    AAO decision text
  • resume experience · discounted
    None of the aforementioned letters, however, indicates the specific period of the Petitioner's employment
    AAO decision text
  • recommendation letter · discounted
    None of their letters, however, states that the Petitioner's experience was "full-time" or provides the specific period
    AAO decision text
  • certification membership · credited
  • contract revenue · discounted
    This evidence, however, does not cover a time period indicating that the Petitioner has accrued at least five years
    AAO decision text

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Notable

AAO declined to reach the Dhanasar prongs entirely because the Petitioner failed to establish the underlying EB-2 classification (advanced degree or exceptional ability), making the threshold failure dispositive of the entire appeal. The decision extensively analyzes an 'Expert Opinion Evaluation of Work Experience' credential evaluation and multiple employer letters, finding all insufficiently specific as to dates and duties.

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. 204.5(k)(2)
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles