NIW Bearings
dismissedSEP102024_07B52032024-09-10 · 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, an aviation maintenance specialist with a military aviation background, sought to work in the U.S. aviation maintenance field, claiming exceptional ability that would substantially benefit the national economy or welfare.

Field: aviation maintenance · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish exceptional ability under 8 C.F.R. 204.5(k)(3)(ii), specifically the high-salary criterion (D) and the recognition-for-significant-contributions criterion (F); only two of six criteria were met, short of the required three.

How the evidence was treated

  • recommendation letter · discounted
    it does not describe any significant contributions to the industry of aviation or aviation maintenance
    AAO decision text
  • other · discounted
    we cannot conclude that this is comparable evidence
    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 expressly reserved judgment on the Dhanasar prongs entirely because the petitioner failed the antecedent EB-2 exceptional-ability threshold, citing INS v. Bagamasbad's rule against purely advisory findings; also notable for detailed scrutiny of mismatched-year salary survey and tax return evidence.

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)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Flores v. Garland
  • Matter of L-A-C-
  • Matter of O-R-E-
  • Matter of R-A-M-

Cases in adjacent profiles