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 software engineer, sought to work in her field and referenced a business plan for a programming school for children with disabilities.
Field: software engineering · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish eligibility as an individual of exceptional ability under 8 C.F.R. 204.5(k)(3)(ii), specifically failing the criterion at (F) regarding recognition for achievements and significant contributions, and did not assert alternative eligibility as an advanced degree professional.
How the evidence was treated
- business plan · discounted
“it addresses potential activities the Petitioner has yet to perform”
AAO decision text - certification membership · discounted
“none of the certificates in the record address how they indicate the Petitioner may have made any specific, significant contributions”
AAO decision text
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Notable
This case was resolved entirely at the threshold EB-2 exceptional ability stage; the AAO expressly declined to reach the national interest waiver prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that agencies need not decide unnecessary issues. The business plan submitted as evidence of the exceptional ability criterion (F) was found irrelevant to that criterion because it concerned future activities rather than past recognition.
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
- Matter of Ho
- Matter of L-A-C-
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- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
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