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 restaurant general manager who had previously owned a convenience store, sought to continue working in restaurant/food service management and business operations in the United States.
Field: restaurant/food service management and entrepreneurship · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner did not contest the Director's finding that his physical education degree was unrelated to his intended occupation (waived on appeal), and failed to establish at least three of six exceptional-ability criteria (degree, experience, membership, recognition).
How the evidence was treated
- degree · discounted
“the Petitioner's intended employment in the United States does not relate to physical education and sports teaching”
AAO decision text - resume experience · discounted
“only three of those letters include the required specific description of duties performed”
AAO decision text - certification membership · discounted
“the Petitioner submitted no information or evidence about the [association] other than the certificates”
AAO decision text - recommendation letter · discounted
“the letters fail to describe the petitioner's specific achievements and significant contributions to the industry or field”
AAO decision text
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Notable
The AAO noted that the appellate brief appeared to be copied, at least in part, from a brief prepared for a different petitioner (referencing 'information technology field' and misstating the Director's findings), and it declined to reach the Dhanasar national interest waiver analysis because the Petitioner failed to establish underlying EB-2 eligibility (advanced degree or exceptional ability).
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.
- Flores v. Garland
- Kazarian v. USCIS
- Matter of L-A-C-
- Matter of R-A-M-
- 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