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.
Petitioner, a former Brazilian military servicemember, proposed to work as a 'security management specialist' conducting security assessments and designing security systems for U.S. organizations, later asserting he would do so through his own company.
Field: security management · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish eligibility as an individual of exceptional ability under 8 C.F.R. 204.5(k)(3)(ii), meeting at most one of six regulatory criteria (experience, license/certification, and membership all found unmet); also failed to consistently describe the nature of his occupation/endeavor, with his appeal brief introducing a new, materially changed description involving founding his own company.
How the evidence was treated
- resume experience · discounted
“the evidence does not establish the duties he performed in the military were in a security-related occupation”
AAO decision text - certification membership · discounted
“he does not identify or discuss the specific evidence, if any, in the record that should be considered”
AAO decision text - other · discounted
“Failure to submit requested evidence which precludes a material line of inquiry shall be grounds for denying the [petition]”
AAO decision text
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Notable
This decision resolves entirely at the threshold EB-2 exceptional-ability stage; the AAO explicitly declines to reach the NIW/Dhanasar prongs as unnecessary once threshold eligibility fails, citing Bagamasbad and Matter of M-F-O-. The AAO also invokes issue-waiver doctrine repeatedly, deeming several of Petitioner's criteria arguments waived for lack of specificity on appeal, and rejects a late-filed business/company narrative as a material, retroactive change to the proposed endeavor under Izummi/Katigbak.
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. 103.2(b)(1)
- Matter of Ho
- Matter of Izummi
- Matter of Katigbak
Cases in adjacent profiles
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- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp