NIW Bearings
dismissedSEP162021_02B52032021-09-16 · appeal · 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 Petitioner, a journeyman power lineman working in Canada, sought to immigrate to the United States as an individual of exceptional ability and obtain a national interest waiver of the job offer requirement to continue work in his trade.

Field: power line work / electrical trades · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner claimed five of six exceptional-ability criteria but the AAO found he met only one (license/certification); certificates were not 'official academic records' from a qualifying institution, salary evidence compared him to non-journeyman positions, and IBEW membership did not qualify as a professional association.

How the evidence was treated

  • degree · discounted
    the Petitioner, however, did not establish that the presented doumentation, such as a certificate, represents 'official academic record[s]'
    AAO decision text
  • certification membership · credited
  • certification membership · discounted
    the evidence submitted by the Petitioner does not show that IBEW has a membership body comprised of individuals who have earned a U.S. baccalaureate degree
    AAO decision text
  • other · discounted
    the Petitioner did not show that he commanded a salary reflective of exceptional ability
    AAO decision text

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Notable

The AAO resolved the appeal entirely on the threshold exceptional-ability classification (finding only 1 of 3 required regulatory criteria satisfied) and expressly declined to reach a final merits determination or any Dhanasar national-interest-waiver analysis, reserving those issues as unnecessary to the outcome.

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)
  • Matter of L-A-C-

Cases in adjacent profiles