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 own and operate a long-distance trucking company in New York, serving as its senior manager/president while hiring truck drivers as staff.
Field: trucking / long-distance freight transportation (industrial management background) · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO agreed Petitioner met only one of three required exceptional-ability criteria (the degree criterion); found his CDL not shown to be required for his proposed owner/senior-manager role, his salary not shown to be comparatively exceptional, and his memberships (TVC Pro-Driver, OOIDA) not shown to be professional associations under 8 C.F.R. 204.5(k)(2). This failure was dispositive.
How the evidence was treated
- degree · credited
- certification membership · discounted
“the record does not establish how a CDL is required to work as the owner and operator of a trucking company”
AAO decision text - certification membership · discounted
“The evidence presented is not sufficient to demonstrate that ... either organization otherwise constitutes a professional association”
AAO decision text - other · discounted
“he has not offered documentation showing that his earnings are indicative of exceptional ability relative to others in the field”
AAO decision text - business plan · discounted
“The Petitioner's business plan indicates that he will be the president of the business, working as "senior management," and will hire truck drivers as staff.”
AAO decision text
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Notable
AAO dismissed solely on failure to meet the underlying exceptional-ability threshold (only 1 of 3 required criteria satisfied) and explicitly declined to reach the Dhanasar national interest waiver prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that adjudicators need not decide unnecessary issues.
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. 103.3
- Flores v. Garland
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
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