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 furniture manufacturer and carpenter, sought to expand his existing furniture business into the United States, serving as owner and CEO of the U.S. entity.
Field: carpentry / furniture manufacturing · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner claimed exceptional ability but only established 2 of 6 regulatory criteria (academic record and 10 years' employer-verified experience); AAO found the additional claimed criteria (license/certification, salary, recognition) unmet.
How the evidence was treated
- certification membership · discounted
“they similarly do not purport to be licenses or certifications that would satisfy this criterion”
AAO decision text - resume experience · credited
- other · discounted
“we cannot conclude he meets the salary criterion at 8 C.F.R. § 204.5(k)(3)(ii)(D)”
AAO decision text - recommendation letter · discounted
“they are not letters from members of his industry that indicate any recognition for the Petitioner for achievements or significant contributions to the field”
AAO decision text - degree · credited
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Notable
The AAO found the petitioner failed to establish the underlying EB-2 exceptional-ability classification and, because this was dispositive, expressly declined to reach the Dhanasar national-interest-waiver prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that agencies need not decide unnecessary issues.
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)(3)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Flores v. Garland
- Matter of L-A-C-
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