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 security management specialist, sought EB-2 classification and a national interest waiver, though the specific endeavor was not detailed as the case turned on the threshold classification issue.
Field: security management · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish eligibility as either an advanced degree professional or an individual of exceptional ability; abandoned the issue on appeal by not addressing it.
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Notable
The dispositive issue was the threshold EB-2 classification, not the Dhanasar prongs; the Petitioner abandoned the classification argument on appeal by failing to address it, which alone was dispositive. In a footnote, the AAO stated that even if it had reached the Dhanasar prongs, it would still have dismissed the appeal because the evidence did not establish eligibility under any of the three prongs, but declined to provide substantive analysis of those prongs.
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)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of L-A-C-
- Matter of R-A-M-
- Poursina v. USCIS
- Section 291 of the Act
What this case teaches
Analyst reading of the decision text.
Petitioner failed to establish eligibility for underlying EB-2 classification (advanced degree or exceptional ability) and abandoned this issue on appeal, making NIW analysis moot.
Secure and affirmatively defend underlying EB-2 classification eligibility on appeal; failure to address a dispositive threshold issue waives it and dooms the NIW claim.
vague
person_focused
Cases in adjacent profiles
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod