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 senior software maintenance engineer with an associate's degree in data processing from Brazil, sought to continue working in the information technology field for an organization in support of that organization's business objectives.
Field: information technology / software maintenance engineering · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO found Petitioner satisfied only 2 of 6 exceptional-ability criteria (academic record; 10 years experience letters), withdrawing Director's finding on certifications/licenses and professional membership, and rejecting the claim that awards/recognition showed significant industry contributions. AAO also agreed with Director that the aggregate record did not show a degree of expertise significantly above that ordinarily encountered in the field. This failure was dispositive; AAO did not reach the NIW prongs.
How the evidence was treated
- degree · credited
- resume experience · credited
- certification membership · discounted
“none of the certificates provided are formally characterized as a license to practice a profession”
AAO decision text - recommendation letter · discounted
“the letters do not address how the Petitioner compares to other information technology professionals”
AAO decision text - awards · discounted
“does not necessarily recognize significant contributions to the information technology industry or field”
AAO decision text
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Notable
AAO withdrew the Director's favorable finding on the professional-membership criterion (204.5(k)(3)(ii)(E)) yet still dismissed the appeal, because it found the Petitioner met only 2 of 6 exceptional-ability criteria rather than the 3 the Director had credited. Because the threshold exceptional-ability determination was dispositive, the AAO expressly reserved and declined to address all three Dhanasar prongs, citing INS v. Bagamasbad.
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
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