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 camera operator with about 14 years of experience covering major events, sought EB-2 classification as an individual of exceptional ability with a national interest waiver to continue his camera operation work in the United States.
Field: camera operation / media production · Read the decision (uscis.gov)
EB-2 threshold — not met
Although the Petitioner met three of the six exceptional-ability criteria (academic record, ten years' experience, professional membership), the totality of the evidence -- including a trade-school certificate, employment letters, membership in the Society of Camera Operators, and an expert opinion letter -- did not show a degree of expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- degree · discounted
“this document does not show the usual information found on a typical academic record, such as the name of the school, dates of attendance, or grades earned.”
AAO decision text - resume experience · discounted
“The employment letters list responsibilities and duties typical of a camera operator”
AAO decision text - certification membership · discounted
“does not demonstrate that the organization have any membership requirements above those commonly found in camera operators actively working in the field”
AAO decision text - recommendation letter · discounted
“does not specify which skill sets or experience possessed by the Petitioner place him significantly above other camera operators”
AAO decision text
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Notable
Threshold exceptional-ability finding was dispositive; the AAO expressly reserved opinion on the Dhanasar national-interest-waiver prongs and did not reach them, citing Bagamasbad and Matter of L-A-C- for declining to address alternative grounds once a case is dispositive on other grounds.
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
- Kazarian v. USCIS
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
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