NIW Bearings
dismissedSEP252024_03B52032024-09-25 · 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 CFO and logistics manager, sought EB-2 classification as an individual of exceptional ability with a national interest waiver, based on his work in commercial logistics/transportation management.

Field: logistics management · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner claimed exceptional ability but failed to establish at least three of six regulatory criteria; his license and recognition/contributions claims were rejected, and other criteria were waived as unaddressed on appeal.

How the evidence was treated

  • certification membership · discounted
    he did not provide evidence that a license is required for his endeavor, which is in logistics management
    AAO decision text
  • recommendation letter · discounted
    they do not speak to any recognition for achievements or significant contributions to the industry or field
    AAO decision text
  • degree · credited
  • motion resubmission · discounted
    the new evidence regarding his salary was unclear
    AAO decision text
  • resume experience · discounted
    The contributions detailed in these recommendation letters are limited to his employers and do not establish contributions to the field
    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 never reached the NIW Dhanasar prongs because the Petitioner failed to establish the underlying EB-2 exceptional-ability classification; several eligibility criteria and the NIW issue itself were deemed waived because the Petitioner did not address them on appeal, and the AAO declined to make 'purely advisory findings.'

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. 103.3
  • Flores v. Garland
  • Matter of L-A-C-
  • Matter of O-R-E-
  • Matter of R-A-M-
  • USCIS Policy Manual F.5(B)(2)

Cases in adjacent profiles