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 planned to establish and serve as CEO of a computer services company in Florida that would develop and implement enterprise resource planning systems, centered on business intelligence and analytics, for small and medium-sized businesses.
Field: information technology / enterprise resource planning consulting · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director found three criteria met but the AAO, on de novo review, found the Petitioner met only two of six regulatory criteria for exceptional ability (academic record and salary), failing the ten-years-experience, license/certification, professional-membership, and recognition-for-contributions criteria, and therefore did not qualify for the underlying EB-2 classification.
How the evidence was treated
- degree · credited
- resume experience · discounted
“it is not in the requisite form of letters from employers showing he has at least ten years of foll-time experience”
AAO decision text - certification membership · discounted
“he has not shown that CREA is a professional association within the meaning of the regulations”
AAO decision text - other · credited
- awards · discounted
“do not establish that he has been recognized for any significant contributions to the IT industry or field”
AAO decision text
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Notable
The case was decided entirely on the threshold exceptional-ability determination; the AAO expressly reserved and declined to reach the national interest waiver eligibility question, citing Bagamasbad and Matter of L-A-C-, so none of the three Dhanasar prongs were analyzed despite this being an NIW petition.
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 L-A-C-
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