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 computer systems analyst, sought EB-2 classification as an individual of exceptional ability with a waiver of the job offer requirement, though the decision did not reach the specifics of his proposed endeavor.
Field: computer systems analysis · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner did not claim an advanced degree and failed to establish exceptional ability by meeting at least three of the six regulatory criteria; certificates were untimely, insufficient in scope, and not shown to be required licenses, and reference letters were conclusory and did not show recognition for significant contributions.
How the evidence was treated
- certification membership · discounted
“Based on hours of instruction, the record does not indicate these certificates would amount to an award similar to a diploma or degree.”
AAO decision text - certification membership · discounted
“the record does not show they are required to be employed in the occupation”
AAO decision text - recommendation letter · discounted
“these letters do not indicate that the Petitioner has been recognized for his achievements and significant contributions to the industry or field”
AAO decision text - motion resubmission · ignored
“these courses were all completed after his filing date of April 28, 2021, and will not be considered”
AAO decision text
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Notable
Threshold exceptional-ability failure was the sole and independently dispositive basis; AAO expressly declined to reach the NIW/Dhanasar analysis, rejecting Petitioner's argument that the Director's silence on NIW criteria implied he met them. Decision states each of the three unmet criteria findings is an independent alternate basis for dismissal.
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)
- Matter of Izummi
- Matter of Katigbak
- USCIS Policy Manual F.5(B)(2)
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