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 film and television producer, sought to continue working as a producer in the U.S. audiovisual/entertainment industry.
Field: film and television production · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner claimed exceptional ability but established only 2 of 6 required regulatory criteria (experience and membership); failed the salary/remuneration criterion and the recognition/significant-contributions criterion, so no final merits determination was reached.
How the evidence was treated
- resume experience · discounted
“these discrepancies appear to be due to the Petitioner attempting to both adjust for inflation and convert from Colombian pesos to U.S. dollars”
AAO decision text - recommendation letter · discounted
“the writers do not provide sufficient details regarding specific achievements or contributions”
AAO decision text - certification membership · discounted
“the record is not clear as to whether the certificate similarly was created and issued specifically for the purposes of this petition”
AAO decision text - awards · discounted
“the record does not establish that these nominations and awards were the result of the Petitioner's work”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
AAO never reached the Dhanasar NIW prongs at all because the Petitioner failed the threshold exceptional-ability classification (only 2 of 6 criteria met); the decision expressly reserves opinion on all three Dhanasar prongs, citing Bagamasbad and Matter of L-A-C- for declining to reach unnecessary issues. Wage-comparison evidence was undermined by currency-conversion/inflation-adjustment discrepancies across original letters, translations, and petitioner's charts.
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)(1)
- 8 C.F.R. 103.2(b)(3)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- Matter of Katigbak
- Matter of L-A-C-
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Petitioner failed to satisfy at least three of six exceptional-ability criteria (only 2 of 6 met, with wage evidence inconsistent/unexplained and recognition letters generic), so EB-2 threshold classification failed and NIW prongs were never reached.
Establish underlying EB-2 exceptional-ability (or advanced degree) eligibility with consistent, well-documented, specific evidence before any Dhanasar NIW argument can matter.
vague
person_focused
Cases in adjacent profiles
- The Petitioner, a musician and music educator, proposed to advance music education in the United States by opening a pia
- The petitioner, a tattoo artist, sought EB-2 classification as an individual of exceptional ability along with a nationa
- The Petitioner, an MMA athlete and trainer, proposed to operate a jiu jitsu company through which he would train and com
- The Petitioner sought to establish an arts education academy in Ohio, with plans to expand to New York and Michigan, off
- The Petitioner, an art curator, proposed to establish a nonprofit cultural center/platform focused on exhibitions, oral