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, employed in an international security-related post requiring police or military background, sought classification as an individual of exceptional ability with a national interest waiver of the job offer requirement.
Field: international security/law enforcement (chief security advisor role) · Read the decision (uscis.gov)
EB-2 threshold — not met
The AAO limited review to the abandoned/remaining criterion of high remuneration under 8 C.F.R. 204.5(k)(3)(ii)(D) and found the Petitioner failed to show his compensation reflected exceptional ability rather than a standardized employer pay scale.
How the evidence was treated
- recommendation letter · discounted
“None of the submitted evidence, however, sufficiently establishes that the Petitioner's remuneration is based on his exceptional ability instead of his employer's standardized pay scale.”
AAO decision text - motion resubmission · discounted
“The Petitioner has not submitted new evidence sufficient to establish that he meets the criterion at 8 C.F.R. § 204.5(k)(3)(ii)(D).”
AAO decision text
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Notable
This decision on motion addresses only the exceptional-ability threshold (specifically the remuneration criterion under 8 C.F.R. 204.5(k)(3)(ii)(D)); the AAO never reached the national interest waiver prongs because the underlying appeal was dismissed on threshold grounds and other exceptional-ability criteria were deemed abandoned for not being raised on the prior appeal.
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. 103.5(a)(1)(i)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of R-A-M-
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
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- 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