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 martial arts instructor, sought to work as an instructor at a newly formed martial arts college in the United States, teaching traditional Chinese martial arts and culture.
Field: martial arts education · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish his foreign degree was equivalent to a U.S. bachelor's degree (academic evaluation lacked narrative explanation) and failed to establish five years of progressive experience due to contradictory employment letters; also failed to satisfy three of six exceptional ability criteria (met only academic record and license, but not ten years experience, membership, or recognition for significant contributions).
Prong 1 — national importancenot established · dispositive
“he has not established that his proposed endeavor would have broader implications in the field of education or anthropology or impact anyone beyond the organization he works for and its students.”
“he has not established that the college itself would generate sufficient revenue or create sufficient U.S. jobs to rise to the level of national importance.”
“The Petitioner has not provided evidence that he is a shareholder, board member, or would otherwise have a role in the formation or administration of the college.”
AAO decision text
How the evidence was treated
- degree · discounted
“the evaluation is of minimal probative value”
AAO decision text - resume experience · discounted
“the Petitioner has not accounted for ten years of full-time experience in his occupation”
AAO decision text - recommendation letter · discounted
“it does not provide a sufficient description of his "significant contributions" in his field.”
AAO decision text - certification membership · discounted
“The Petitioner did not show that the association's members are professionals as defined at 8 C.F.R. § 204.5(k)(2)”
AAO decision text - awards · discounted
“they do not, in and of themselves, provide details of his significant contributions to his field.”
AAO decision text
All 6 evidence items
- business plan · discounted
“he has not established that the college itself would generate sufficient revenue or create sufficient U.S. jobs”
AAO decision text
Where this case turned
- Business plan speculative · p1 — projections without a documented basis or steps
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- Local, not national scope · p1 — impact confined to clients / a region
Notable
AAO expressly stated each independent basis (threshold EB-2 ineligibility and prong 1 failure) was an alternate, independent ground for dismissal. Notable factual inconsistency: expert letter placed Petitioner in a U.S. apprenticeship/elementary school teaching role in 2022 while an employer letter claimed full-time employment abroad during the same period, undermining both threshold experience and exceptional-ability claims.
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)
- Chen v. INS
- Flores v. Garland
- Kazarian v. USCIS
- Matter of V-K-
- USCIS Policy Manual F.5(B)(2)
What this case teaches
Analyst reading of the decision text.
Petitioner failed to establish EB-2 classification (advanced degree/exceptional ability unmet) and separately failed Dhanasar prong 1 because his teaching role lacked evidence of broader national implications beyond his employer and students.
Substantiate both underlying EB-2 eligibility and endeavor's scale/impact with consistent, corroborated evidence—claims of founding an institution require proof of actual organizational role and measurable broader effects.
vague
field_advancement · economic_job_creation
person_focused
Cases in adjacent profiles
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- The Petitioner, an arts, drama, and music teacher and entrepreneur, sought EB-2 classification as an individual of excep
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