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 operate a company conducting music workshops for children and adolescents in the United States.
Field: music · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish exceptional ability under 8 C.F.R. 204.5(k)(3)(ii), failing to meet the academic record, ten years' experience, salary, professional membership, and recognition criteria; this threshold failure was dispositive and the AAO declined to reach the Dhanasar NIW analysis.
How the evidence was treated
- degree · discounted
“he submits no corroborating evidence to support these claims or otherwise address the Director's concerns”
AAO decision text - certification membership · discounted
“he submits no corroborating evidence to support these claims or otherwise address the Director's concerns”
AAO decision text - resume experience · discounted
“do not contain sufficient detail about his duties and responsibilities to demonstrate that he has at least ten years of full-time experience”
AAO decision text - motion resubmission · discounted
“submits a lengthy brief largely restating the same arguments and evidence already on record”
AAO decision text
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Notable
The petitioner was found not to meet the threshold exceptional-ability requirement, so the AAO expressly declined to reach the Dhanasar NIW prongs, citing Bagamasbad and Matter of D-L-S- for the principle of not deciding unnecessary issues. The petitioner also made an unsuccessful argument that 8 C.F.R. 204.5(k)(2)'s definition of 'profession' should be interpreted flexibly for artistic fields like music.
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
What this case teaches
Analyst reading of the decision text.
Petitioner failed to establish threshold EB-2 exceptional-ability eligibility: no corroborating evidence that his course-completion institution or association qualified under regulatory definitions, and employer letters lacked detail to show 10 years full-time relevant experience, so AAO never reached NIW/Dhanasar merits.
Secure and document baseline EB-2 classification (degree-granting institution, bona fide professional association, detailed 10-year employment letters) before NIW argument matters at all.
vague
person_focused
Cases in adjacent profiles
- The Petitioner, a musician and music educator, proposed to advance music education in the United States by opening a pia
- The petitioner, a tattoo artist, sought EB-2 classification as an individual of exceptional ability along with a nationa
- The Petitioner, an MMA athlete and trainer, proposed to operate a jiu jitsu company through which he would train and com
- The Petitioner sought to establish an arts education academy in Ohio, with plans to expand to New York and Michigan, off
- The Petitioner, an art curator, proposed to establish a nonprofit cultural center/platform focused on exhibitions, oral