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 bodywork technician in the automotive industry, sought to continue working in automotive repair in the United States, claiming exceptional ability.
Field: automotive bodywork/repair · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner satisfied at least 3 of 6 regulatory criteria for exceptional ability but failed the final merits determination showing a degree of expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- certification membership · discounted
“the record lacked evidence that the Petitioner's professional achievements set him apart from other bodywork technicians”
AAO decision text - resume experience · discounted
“he does not address the Director's final merits determination analysis and instead continues to focus exclusively on the fact that the minimum evidentiary requirements were satisfied”
AAO decision text
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Notable
Threshold EB-2 (exceptional ability) failure was dispositive; AAO expressly declined to reach the Dhanasar NIW prongs, reserving all appellate arguments regarding the waiver itself. AAO adopted and affirmed the Director's decision per Matter of Burbano.
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
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Chen v. INS
- Matter of L-A-C-
- Poursina v. USCIS
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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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