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 sought to work in the United States as a General and Operations Manager in the manufacturing industry, particularly in glass production, based on his background as an aeronautical engineer.
Field: manufacturing / operations management · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner claimed to meet all six exceptional-ability criteria but the Director found only two satisfied (experience and salary); on appeal AAO agreed the remaining four (academic record, license/certification, professional association membership, and recognition/significant contributions) were not established, so fewer than three criteria were met and exceptional ability was not shown.
How the evidence was treated
- degree · discounted
“this academic transcript clearly indicates that the substantive courses directly relate to the aeronautics field, rather than the manufacturing field”
AAO decision text - certification membership · discounted
“the record does not establish that a license or a certification is required to practice in the Petitioner's profession”
AAO decision text - certification membership · discounted
“the evidence provided does not establish that ABRAMAN qualifies as a professional association”
AAO decision text - recommendation letter · discounted
“the evidence does not show that his work has had an impact beyond his employers, clientele, and their specific projects”
AAO decision text - media · discounted
“the Petitioner has not provided any evidence to demonstrate sales figures for his book, citations of his book by other professionals”
AAO decision text
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Notable
The AAO resolved the appeal entirely on the threshold EB-2 exceptional-ability determination (only 2 of 6 criteria met) and expressly declined to reach the Dhanasar national interest waiver analysis at all, reserving those arguments as unnecessary to the disposition.
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.
- Flores v. Garland
- Kazarian v. USCIS
- Matter of L-A-C-
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- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
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