NIW Bearings
remandedSEP032021_01B52032021-09-03 · 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, a general and operations manager in the luxury goods sector, sought to continue working in a similar managerial role in the United States, a position comparable to one she already held.

Field: business and marketing management (luxury goods) · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO discounted the educational evaluation claiming a foreign master's degree equivalency, finding the underlying certificate only permitted teaching art and did not confer an academic degree; remanded for Director to determine bachelor's equivalency plus five years progressive experience or exceptional ability eligibility.

How the evidence was treated

  • degree · discounted
    we will discount the evaluation as evidence of the Petitioner's eligibility as a member of the professions holding an advanced degree
    AAO decision text

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Notable

AAO withdrew the Director's threshold EB-2 finding (that Petitioner 'meets the education requirements') based on a foreign credential equivalency analysis using AACRAO EDGE, discounting an educational evaluator's opinion as 'highly questionable.' AAO remanded without reaching the NIW prongs but instructed the Director that employment history/inconsistencies belong in prong 2, not prong 1, of the Dhanasar analysis.

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)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Section 291 of the Act

What this case teaches

Analyst reading of the decision text.

Decisive factor

AAO found Petitioner failed to establish underlying EB-2 eligibility (advanced degree equivalency was unsupported/contradicted by EDGE), requiring remand before any NIW prong analysis could proceed.

Transferable lesson

Verify foreign credential equivalency against reliable databases like EDGE before relying on a paid evaluator's conclusion, and keep prong-1 national importance analysis separate from prong-2 personal/employment history issues.

Endeavor framing

vague

Evidence targeting

person_focused

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