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, an English teacher, sought classification as an individual of exceptional ability and a national interest waiver of the job offer requirement to continue teaching work in the United States.
Field: English/education teaching · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner abandoned the advanced-degree-professional claim on appeal and failed to establish at least three of the six exceptional-ability criteria (insufficient evidence of ten years' full-time experience, no salary evidence, membership post-dating filing, and conclusory recommendation letters plus plagiarized/misattributed publications); this threshold failure was dispositive, and the AAO declined to reach the NIW analysis.
How the evidence was treated
- degree · credited
- resume experience · discounted
“without letter(s) from current of former employers which document ten years of full-time experience in the occupation”
AAO decision text - certification membership · discounted
“she did not become a member until January 10, 2020, almost 8 months after the date of filing”
AAO decision text - recommendation letter · discounted
“they are not sufficient to demonstrate that she meets the plain language requirements of this criterion”
AAO decision text - citations publications · discounted
“further research did not corroborate the Petitioner's claimed authorship”
AAO decision text
All 6 evidence items
- motion resubmission · discounted
“we do not find the Petitioner's response credible”
AAO decision text
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Notable
The AAO found the Petitioner had submitted plagiarized publications falsely claimed as her own authorship and entered a separate finding of willful misrepresentation of a material fact under section 212(a)(6)(C) of the Act, in addition to dismissing the appeal on threshold exceptional-ability grounds without reaching the NIW analysis.
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)(3)(ii)
- Matter of Bardouille
- Matter of Ho
- Matter of Izummi
- Matter of Katigbak
- Matter of R-A-M-
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