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 sought to establish a toy sales and rental business in the United States, serving as its general and operations manager.
Field: toy sales and rental business · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner claimed to meet four of six exceptional-ability criteria, but the AAO found he established none: the ten-years-experience and salary criteria (previously credited by the Director) were withdrawn on de novo review, and the membership and recognition criteria were also not met. Because fewer than three criteria were satisfied, the AAO did not reach a final merits determination or the Dhanasar prongs.
How the evidence was treated
- resume experience · discounted
“The Petitioner's statements referencing the affidavits are not sufficient to demonstrate the criterion.”
AAO decision text - other · discounted
“The Petitioner's statements referencing the webpage are not sufficient to demonstrate the criterion.”
AAO decision text - certification membership · discounted
“The record does not show that either of AMA or BAA is a professional association as required under the criterion.”
AAO decision text - recommendation letter · discounted
“it does not demonstrate that the Petitioner has been recognized for achievements and significant contributions to the industry or field”
AAO decision text - media · discounted
“The Petitioner opening a new business location does not show recognition for achievements or significant contributions to his industry.”
AAO decision text
All 6 evidence items
- business plan · discounted
“they do not show that the Petitioner has been recognized for achievements and significant contributions to the industry or field”
AAO decision text
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Notable
The AAO withdrew two of the Director's favorable exceptional-ability findings (experience and salary criteria) on de novo review, worsening the Petitioner's position from the denial. Because the Petitioner failed to meet at least three of the six exceptional-ability criteria, the AAO expressly declined to reach the Dhanasar national-interest-waiver prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that adjudicators need not resolve issues unnecessary to the outcome.
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
- Flores v. Garland
- Kazarian v. USCIS
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
What this case teaches
Analyst reading of the decision text.
Petitioner failed to satisfy at least three of the six exceptional-ability criteria (experience, salary, membership, recognition were each found deficient), so he could not qualify for EB-2 classification, making the NIW analysis unnecessary.
Before appealing on NIW merits, ensure the underlying EB-2 classification (exceptional ability criteria) is solidly documented with verifiable, independent evidence—unsubstantiated affidavits and self-sourced comparisons will fail.
specific
economic_job_creation · economic_growth_generic
person_focused
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