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 proposed to work in the United States as a motorcycle mechanic and instructor through his own business, 701 Cycles.
Field: motorcycle repair and mechanic instruction · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner claimed exceptional ability but the AAO found he met only two of the six regulatory criteria (academic record and license/certification) and failed to establish ten years of full-time qualifying self-employment experience, a salary demonstrating exceptional ability, professional association membership, or recognition of significant industry contributions.
How the evidence was treated
- resume experience · discounted
“the Petitioner has not provided sufficient evidence to show that he was actively engaged in business full-time during the specified period”
AAO decision text - recommendation letter · discounted
“the letter from the CPA merely states that they have conducted business with the Petitioner, without providing substantive details”
AAO decision text - certification membership · discounted
“neither document provides information on the membership requirements of the respective associations or whether their members are comprised of individuals who have earned a U.S. baccalaureate degree”
AAO decision text - contract revenue · discounted
“the Petitioner nonetheless has not established that his earnings exceed the typical expectation in his field”
AAO decision text
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Notable
The AAO declined to reach the Dhanasar national-interest-waiver prongs entirely because the Petitioner failed to establish the underlying exceptional-ability EB-2 classification, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that agencies need not reach unnecessary issues. The case involves a blue-collar occupation (motorcycle mechanic/instructor) rather than the typical STEM or academic profile seen in most NIW appeals.
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)(2)
- 8 C.F.R. 204.5(k)(3)(iii)
- Flores v. Garland
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
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