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 Nigerian gospel musician, sought to bring African indigenous and gospel music to U.S. audiences, build a network of Christian/social organization clients, and discover new musical talent in the United States.
Field: gospel/African indigenous music · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner did not establish his occupation (musician) is a profession requiring a baccalaureate degree, did not submit proof of his claimed BA degree, and failed to meet at least three of the six exceptional-ability criteria (experience, salary, and membership criteria all found insufficient; comparable evidence argument also rejected).
Prong 1 — national importancenot established · dispositive
“the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his network of Christian and social organizations to impact U.S. cultural interests or our country's music industry more broadly at a level commensurate with national importance.”
“he has not demonstrated that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.”
AAO decision text
How the evidence was treated
- degree · discounted
“he did not submit evidence of this degree.”
AAO decision text - resume experience · discounted
“the aforementioned recommendation letters do not offer sufficient detail as to whether the Petitioner's work experience ... was full-time.”
AAO decision text - other · discounted
“The record does not include evidence of his "salary" or "remuneration for services" in Nigeria or the United States.”
AAO decision text - certification membership · discounted
“does not indicate that PMEAN's membership body is comprised of individuals who have earned a U.S. baccalaureate degree or its foreign equivalent.”
AAO decision text - awards · credited
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Local, not national scope · p1 — impact confined to clients / a region
Notable
AAO explicitly treats the threshold EB-2 failure (advanced degree/exceptional ability) and the Dhanasar prong-one failure as independent and alternate bases for dismissal, rather than resting solely on the NIW analysis. The Director had found the membership criterion satisfied, but AAO withdrew that finding on de novo review.
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. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Poursina v. USCIS
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