dismissedAPR102023_02B52032023-04-10 · appeal · Texas Service Center

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 self-employed/freelance photographer, sought EB-2 classification as an individual of exceptional ability and a national interest waiver of the job offer requirement to continue working as a photographer in the United States.

Field: photography · Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner met only one of the six exceptional-ability criteria (academic record) rather than the required three. The AAO withdrew the Director's findings that the 10-years-experience, license/certification, and membership criteria were met, finding conflicting/unresolved evidence on full-time experience, that an FAA drone license is not a license/certification for the photography occupation, that a photographers' association is not a professional association, and that recommendation letters describing wedding/event photography and improved 'web presences' did not show recognition of achievements or significant contributions above the ordinary. Because fewer than three criteria were satisfied, no final merits determination or Dhanasar analysis was reached.

How the evidence was treated

degree · credited
resume experience · discounted
“The Petitioner has submitted unexplained conflicting information about their full-time engagement in the occupation for a 10-year period.”
AAO decision text
certification membership · discounted
“an FAA license to pilot a drone is not a license or certification for the photography occupation”
AAO decision text
certification membership · discounted
“The Professional Photographers of America is not a professional association.”
AAO decision text
recommendation letter · discounted
“these statements are not supported by any evidence in the record which reflects that these are noteworthy as achievements and significant contributions”
AAO decision text

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Notable

The AAO dismissed the appeal entirely at the threshold exceptional-ability stage, expressly declining to reach the Dhanasar national interest waiver analysis. It also affirmatively withdrew several of the Director's favorable findings (10-years experience, license/certification, membership), making the threshold denial broader than the Director's original decision. The occupation-not-a-profession finding relied on DOL Occupational Outlook Handbook and O*NET-SOC education categories rather than typical Dhanasar-prong evidence.

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 Ho
Matter of L-A-C-
Matter of Otiende
Poursina v. USCIS
USCIS Policy Manual F.5(B)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to meet at least three of six exceptional-ability criteria under 8 C.F.R. 204.5(k)(3)(ii): inconsistent full-time experience evidence, an irrelevant FAA drone license, non-qualifying association membership, and vague recognition letters lacking evidence of significant contributions.

Transferable lesson

Before reaching NIW/Dhanasar merits, ensure underlying EB-2 classification (exceptional ability or advanced degree) is airtight with consistent, well-corroborated evidence for each required criterion.

Endeavor framing

vague

Evidence targeting

person_focused

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