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, described as an entrepreneur and electrician, sought EB-2 classification as an individual of exceptional ability along with a national interest waiver of the job offer requirement; the specific proposed endeavor is not detailed in this decision, which focuses on threshold eligibility evidence.
Field: electrical work / electrician trade · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to submit adequate employer letters establishing at least 10 years of full-time progressive experience as required under 8 C.F.R. 204.5(k)(3)(ii)(B); AAO also noted meeting evidentiary criteria alone does not establish exceptional ability under the final merits determination.
How the evidence was treated
- resume experience · discounted
“the regulation... requires evidence in the form of letters from current or former employers showing that the noncitizen has at least 10 years of full-time experience”
AAO decision text - motion resubmission · discounted
“we will only consider new evidence to the extent that it pertains to our latest decision dismissing the motion to reopen”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
The decision does not reach the NIW prongs because the Petitioner failed at the threshold exceptional-ability EB-2 classification (insufficient employment letters). The AAO also rejected the Petitioner's request to treat a separately approved NIW petition as grounds to sustain this appeal, citing Twitter, Inc. v. Taamneh (Jackson, J., concurring) for the proposition that different records may lead to different conclusions, and disclaimed jurisdiction over the Petitioner's pending Form I-485.
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. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- Matter of Coelho
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp