NIW Bearings
dismissedJUL192024_10B52032024-07-19 · motion_reopen · 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 film and television producer/production manager, sought to continue working in the audiovisual/film production industry in the United States.

Field: film and television production · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner did not establish exceptional ability because he failed to meet at least three regulatory criteria; specifically the salary/remuneration and recognition/significant-contributions criteria were not satisfied on motion, and he does not claim to be a member of the professions holding an advanced degree.

How the evidence was treated

  • resume experience · discounted
    does not establish that the Petitioner has commanded a salary demonstrating exceptional ability in his field
    AAO decision text
  • other · discounted
    The ACTV salary chart does not support the Petitioner's claims that his renumeration exceeded the compensation listed on the chart.
    AAO decision text
  • recommendation letter · discounted
    does not explain how such vision and ability constitutes a significant contribution to the film and television industry or field
    AAO decision text
  • awards · discounted
    the Petitioner's name is not included in the list of nominees and awardees that he submits on motion
    AAO decision text
  • motion resubmission · discounted
    does not address or resolve this discrepancy or provide additional evidence of his salary
    AAO decision text

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Notable

This is a motion to reopen following a prior AAO appeal dismissal; the AAO's decision focuses entirely on the threshold exceptional-ability criteria (salary/remuneration and recognition/significant-contributions) and does not reach the NIW prongs at all, citing Bagamasbad and Matter of L-A-C- for declining to address unnecessary issues. Detailed arithmetic comparisons of weekly/monthly salary figures against an industry salary chart are used to reject the salary criterion.

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)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Matter of Coelho
  • Matter of L-A-C-

Cases in adjacent profiles