NIW Bearings
dismissedSEP202021_07B52032021-09-20 · 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 judo/sambo athlete, coach, and referee, sought to continue his athletic and coaching career in the United States as a self-petitioner claiming exceptional ability with a national interest waiver.

Field: judo/sambo athletics and coaching · Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner did not claim advanced-degree professional status and failed to satisfy any of the six exceptional-ability criteria under 8 C.F.R. 204.5(k)(3)(ii): no official academic record tied to the claimed field, unclear/unsubstantiated full-time occupational experience (confusing athlete, coach, captain, and referee roles), no valid license/certification, no salary evidence, inconsistent and uncorroborated claims of team membership, and unpersuasive/conclusory letters and inconsistent awards failing to show recognized achievement or contribution to the field. Because exceptional ability (or advanced degree) was not established, the NIW analysis was deemed moot.

How the evidence was treated

  • resume experience · discounted
    none of the documents state that the experience the Petitioner gained was full-time
    AAO decision text
  • certification membership · discounted
    there is no indication that these documents are licenses to practice the profession or certifications for a particular profession or occupation
    AAO decision text
  • recommendation letter · discounted
    Generalized conclusory statements that do not identify specific contributions or their impact in the field have little probative value
    AAO decision text
  • media · discounted
    the readership and reach of these publications has not been established outside of their own self-reported statements
    AAO decision text
  • awards · discounted
    we question the credibility of these awards overall
    AAO decision text
All 6 evidence items
  • degree · discounted
    this education does not appear to be related to the claimed area of exceptional ability as an athlete
    AAO decision text

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Notable

The AAO devoted the entire decision to threshold exceptional-ability eligibility, finding pervasive credibility problems (mismatched dates, expired/undated documents, an incongruous newspaper report the AAO independently checked online) and never reached the Dhanasar prongs, deeming the NIW analysis moot once threshold EB-2 classification failed.

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. 103.5
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Kazarian v. USCIS
  • Matter of Ho
  • Matter of L-A-C-
  • Matter of Otiende
  • Matter of V-K-
  • Poursina v. USCIS

Cases in adjacent profiles