NIW Bearings
dismissedAPR132023_01B52032023-04-13 · 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 Brazilian musician and former pilot, sought to develop and market a music education tool combining music theory with aviation calculation concepts to assist student learning.

Field: music (musician / music education tool development) · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner initially claimed advanced-degree professional status but submitted no degree evidence; on appeal abandoned that claim and the AAO evaluated only exceptional ability, finding fewer than three of six regulatory criteria satisfied (license/certification, professional membership, and recognition for achievements/contributions all found insufficient).

How the evidence was treated

  • certification membership · discounted
    the document itself is identified as an "identity card," and there is little indication on its face that it could be deemed a license or certification
    AAO decision text
  • recommendation letter · discounted
    the letter does not indicate that the Petitioner's proposed music education tool could be categorized as an achievement or significant contribution
    AAO decision text
  • degree · discounted
    The Petitioner did not submit any evidence reflecting that he had earned a bachelor's, or other, degree.
    AAO decision text
  • resume experience · discounted
    the Petitioner's participation in these lectures and workshops reflect his promotion of his proposed music education tool, and do not reflect any achievements
    AAO decision text

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Notable

AAO found the petitioner failed at the threshold EB-2 stage (neither advanced degree professional nor exceptional ability), and therefore held the NIW/Dhanasar analysis moot and declined to reach it entirely — no prong analysis occurred. Petitioner had also claimed to be an inventor/entrepreneur and former pilot, but the AAO found it unclear what profession his endeavor even fell under.

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
  • 8 C.F.R. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(iii)
  • Matter of L-A-C-
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to establish the underlying EB-2 classification (exceptional ability or advanced degree professional), rendering the NIW analysis moot before Dhanasar was reached.

Transferable lesson

Secure underlying EB-2 eligibility first with concrete licensure/membership/recognition evidence; NIW merits are irrelevant if base classification is unproven.

Endeavor framing

vague

Evidence targeting

person_focused

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