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 cybersecurity consultant, sought to work in the cybersecurity/IT security field in the United States, relying on his certifications and experience.
Field: cybersecurity · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met 3 of 6 initial exceptional ability criteria (experience, license, membership) but failed the final merits determination showing expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- certification membership · discounted
“qualifications possessed by most members of a given field cannot demonstrate a degree of expertise significantly above that ordinarily encountered”
AAO decision text - recommendation letter · discounted
“he has not provided sufficient information and evidence to demonstrate that these accomplishments are so significant”
AAO decision text - resume experience · discounted
“does not substantiate his assertion that the CISSP is not commonly held by others working in the field”
AAO decision text
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Notable
This is a threshold exceptional-ability case, not reaching the Dhanasar NIW prongs; AAO expressly declined to address NIW eligibility because the underlying EB-2 classification failed, citing INS v. Bagamasbad and Matter of L-A-C for declining advisory findings on unnecessary issues.
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. 204.5(k)(2)
- Flores v. Garland
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
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- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution