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 logistician, sought EB-2 classification as an individual of exceptional ability with a national interest waiver, though the specific endeavor is not detailed in the decision.
Field: logistics · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director found the Petitioner did not establish eligibility for EB-2 classification as an individual of exceptional ability; the Petitioner did not contest this finding on appeal and thus waived/abandoned the issue.
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 dismissed the appeal solely on the threshold EB-2 exceptional-ability ground, which the Petitioner failed to contest on appeal and thus waived under Matter of Pougatchev. The AAO explicitly declined to reach any of the three Dhanasar NIW prongs, stating it would serve no purpose even if all three were satisfied, citing Patel v. Garland and INS v. Bagamasbad on agencies not needing to make 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. 204.5(k)(2)
- Flores v. Garland
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp