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 woodcarving artist, sought to work in the United States and requested classification as an individual of exceptional ability with a national interest waiver of the job offer requirement.
Field: woodcarving · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. 204.5(k)(3)(ii); only the academic record criterion was met.
How the evidence was treated
- degree · credited
- resume experience · discounted
“it also does not establish at least ten years of full-time experience as a woodcarver”
AAO decision text - contract revenue · discounted
“the Petitioner has not established that he meets this criterion”
AAO decision text - certification membership · discounted
“the card does not include the Petitioner's name and, thus, does not establish that the Petitioner is, in fact, a member”
AAO decision text - awards · discounted
“the Petitioner has not established that he meets this criterion”
AAO decision text
All 6 evidence items
- motion resubmission · discounted
“the Petitioner, however, must establish eligibility at the time of filing”
AAO decision text
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Notable
The AAO did not reach the Dhanasar national interest waiver analysis at all because the Petitioner failed the threshold exceptional ability determination, stating further analysis 'would serve no meaningful purpose.' Each of the five threshold criteria addressed was treated as an independent and alternate basis for dismissal.
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)(12)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- INA 203(b)(2)
- INA 291
- Matter of Katigbak
- Matter of R-A-M-
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