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 construction manager with a background in telecommunications, sought to work in the U.S. construction industry, including through his own business, and submitted a business plan and related evidence in support of exceptional ability and a national interest waiver.
Field: construction management / telecommunications · Read the decision (uscis.gov)
EB-2 threshold — not met
The AAO found the Petitioner met only two (not three) of the six exceptional-ability criteria, disagreeing with the Director that the professional-association-membership criterion was satisfied because he failed to establish the relationship between his telecommunications technician credential and the profession-issuing body/decree covering engineers, architects, and surveyors. In a final merits determination, the AAO further found that even the totality of evidence (20+ years experience, expert opinion letter, recommendation letters, business plan, income data) did not show expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- certification membership · discounted
“the Petitioner has not established or even explained the relationship, if any, between the [entities]”
AAO decision text - degree · discounted
- recommendation letter · discounted
“they provide little discussion as to how his expertise is significantly above others in the field”
AAO decision text - business plan · discounted
“this evidence does not establish he possesses expertise significantly above that ordinarily encountered in the field”
AAO decision text - resume experience · discounted
“the Petitioner has not shown how his expertise through his education, job experience, and/or professional accomplishments is significantly above that ordinarily encountered”
AAO decision text
All 6 evidence items
- contract revenue · discounted
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Notable
The AAO reversed the Director's finding that the Petitioner met the professional-association-membership criterion, but still agreed he did not qualify as an individual of exceptional ability, and declined to reach the national interest waiver prongs at all because ineligibility for the underlying EB-2 classification was dispositive.
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
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
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