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, who worked for a government-owned airport company in Brazil, sought to continue work related to airport operations/maintenance in the United States under an EB-2 exceptional ability classification with a national interest waiver.
Field: airport operations · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish at least three of the six exceptional ability criteria; the AAO found he did not meet criteria (C) license/certification, (D) compensation demonstrating exceptional ability, (E) professional association membership, or (F) recognition for achievements/contributions, leaving only two criteria (A) and (B) satisfied.
How the evidence was treated
- certification membership · discounted
“the Petitioner has provided no evidence that certifications were issued after his completion of these courses”
AAO decision text - resume experience · discounted
“it is unclear precisely which position the Petitioner held during his employment abroad”
AAO decision text - recommendation letter · discounted
“these submissions do not constitute evidence that the Petitioner had been recognized by peers, governmental entities, or professional or business organizations”
AAO decision text - other · discounted
“such wages were not deemed as demonstrating that the Petitioner commanded compensation exhibiting exceptional ability”
AAO decision text
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Notable
The AAO expressly declined to reach the national interest waiver prongs because the threshold exceptional-ability classification failure was dispositive, though it noted in a footnote that the record 'does not appear to show' national importance or NIW eligibility, reserving further discussion. Case turned heavily on unresolved inconsistencies between 'airport operations specialist' and 'airport services professional' job titles.
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)
- Flores v. Garland
- Matter of Ho
- Matter of L-A-C-
Cases in adjacent profiles
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- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod