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 construction project manager, sought classification as an individual of exceptional ability with a national interest waiver of the job offer requirement, but the decision does not reach the specifics of his proposed endeavor.
Field: construction project management / civil engineering · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish at least three of the six exceptional-ability criteria; his claims regarding salary/remuneration and professional-association membership were both rejected, leaving only two criteria met.
How the evidence was treated
- certification membership · credited
- certification membership · discounted
“the documentation does not include information to establish that there is a membership component”
AAO decision text - other · discounted
“the Petitioner has not shown that the evidence regarding civil engineers and civil engineering drafters demonstrates his exceptional ability as a construction project manager”
AAO decision text - resume experience · discounted
“it does not include information regarding his salary or dates of employment”
AAO decision text
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Notable
The AAO dismissed the appeal entirely at the threshold exceptional-ability stage, never reaching the national interest waiver prongs (P1-P3) because the Petitioner failed to meet the required three of six exceptional-ability criteria. The decision includes an unusual footnote where the AAO conducted its own independent online salary research (Indeed.com) to support its skepticism of the Petitioner's evidence, though it noted this was 'not a basis for our conclusion.'
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. 103.2(b)(3)
- 8 C.F.R. 204.5(k)(2)
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
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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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