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, an entrepreneurial producer and director, sought to work in the U.S. information technology/media industry, claiming eligibility as an individual of exceptional ability with a national interest waiver.
Field: entrepreneurial production and directing (information technology / media industry) · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to meet at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. 204.5(k)(3)(ii); only the ten-years-experience criterion was satisfied, and the academic record, licensure/certification, membership, and comparable-evidence submissions were all found insufficient.
How the evidence was treated
- degree · discounted
“The record does not contain evidence reflecting completion of the program.”
AAO decision text - certification membership · discounted
“The record does not adequately support that the a "press pass" and a letter of confirmation... are required to perform the duties”
AAO decision text - certification membership · discounted
“the memberships in trade unions are not memberships in a professional association.”
AAO decision text - media · discounted
“the petitioner did not declare and demonstrate why the standards do not readily apply to her occupation.”
AAO decision text
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Notable
Decision resolves entirely on threshold exceptional-ability eligibility (failure to meet 3 of 6 regulatory criteria under 8 C.F.R. 204.5(k)(3)(ii)); AAO expressly declines to reach the Dhanasar national interest waiver analysis, reserving all three prongs as unnecessary to the outcome. Heavy OCR redaction/artifacts obscure institution names throughout the academic-criterion discussion.
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)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Matter of L-A-C-
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