NIW Bearings
dismissedAPR282025_04B52032025-04-28 · appeal

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 teacher and school administrator in early childhood and special education, sought to continue working in the education field in the United States.

Field: early childhood/special education · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO agreed the Petitioner met 3 of 6 exceptional ability criteria but found, in the final merits determination, that the record did not show a degree of expertise significantly above that ordinarily encountered in the field; this failure was dispositive, so the Dhanasar NIW analysis was never reached.

How the evidence was treated

  • recommendation letter · discounted
    these letters do not identify a significant contribution to the industry or field
    AAO decision text
  • certification membership · discounted
    the Petitioner's training certificate and licensures are common for those working in the industry to enter the field
    AAO decision text
  • resume experience · discounted
    she has not explained how this experience... has provided her with expertise significantly above that ordinarily encountered in the field
    AAO decision text
  • degree · credited

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Notable

The AAO explicitly declined to reach the Dhanasar national interest waiver analysis, citing INS v. Bagamasbad, because the Petitioner failed to establish threshold eligibility as an individual of exceptional ability; the appeal turned entirely on the threshold EB-2 classification issue, not on any of the three Dhanasar prongs. The AAO also faulted the Petitioner for failing to substantively rebut SCOPS' final merits determination on appeal, deeming several issues waived.

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. 103.2(b)(1)
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Kazarian v. USCIS
  • Matter of Katigbak
  • Matter of R-A-M-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to establish EB-2 exceptional-ability classification itself (expertise significantly above field norm); NIW/Dhanasar analysis was never reached because underlying eligibility was dispositive.

Transferable lesson

Secure underlying EB-2 classification first: address final-merits 'significantly above' standard directly and obtain memberships/recognition before filing, or NIW arguments are never considered.

Endeavor framing

vague

Evidence targeting

person_focused

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