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 Brazilian police officer and firearms instructor, sought exceptional-ability classification based on his law enforcement career and stated on appeal that he intended to enlist in the U.S. Army.
Field: law enforcement / police work · Read the decision (uscis.gov)
EB-2 threshold — not met
The AAO found the Petitioner did not satisfy at least three of the six exceptional-ability criteria (withdrawing the Director's finding on the experience letter and disagreeing on the professional-membership criterion), and that even considering all evidence, the record did not show a degree of expertise significantly above that ordinarily encountered in his field. The AAO also noted in a footnote that the Petitioner had not established his law enforcement work qualifies as employment in the sciences, arts, or business.
How the evidence was treated
- degree · credited
- resume experience · discounted
“the certification does not specify that the Petitioner's employment was full-time”
AAO decision text - certification membership · discounted
“membership does not distinguish between exceptional police officers and those with lesser degrees of achievement”
AAO decision text - awards · discounted
“the program itself is not the Petitioner's achievement or contribution”
AAO decision text - recommendation letter · discounted
“he did not show that these letters constitute recognition for achievements and significant contributions”
AAO decision text
All 6 evidence items
- other · discounted
“The Petitioner did not establish that his salary exceeded the average salary due to exceptional ability”
AAO decision text
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Notable
The AAO expressly declined to reach the national interest waiver analysis because the Petitioner failed at the threshold exceptional-ability step, citing INS v. Bagamasbad and Matter of L-A-C- for declining to address unnecessary issues. In a footnote, the AAO questioned but did not decide whether police work qualifies as 'sciences, arts, or business.' The Petitioner, then a B-2 visitor, stated on appeal that he intended to enlist in the U.S. Army.
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(g)(1)
- Kazarian v. USCIS
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- 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