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 decision does not describe the specific proposed endeavor, as the appeal was resolved solely on threshold exceptional-ability classification grounds without reaching the merits of the national interest waiver.
EB-2 threshold — not met
The Director found the Petitioner satisfied only two of the six regulatory criteria for exceptional ability (official academic record and ten years of experience); on appeal the Petitioner argued only that she met the experience criterion, which the Director had already credited, and did not challenge the finding that she failed the remaining four criteria, resulting in waiver of those issues and failure to meet the three-criteria threshold.
How the evidence was treated
- degree · credited
- resume experience · credited
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Notable
The AAO dismissed the appeal purely on threshold exceptional-ability grounds (failure to establish three of six regulatory criteria) and expressly declined to reach the Dhanasar national interest waiver analysis, citing INS v. Bagamasbad and Matter of L-A-C- for the proposition that agencies need not make advisory findings on unnecessary issues. The Petitioner's appeal argument mistakenly re-asserted a criterion the Director had already found satisfied, leading the AAO to deem the remaining contested criteria waived for lack of challenge.
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)(3)(ii)
- Flores v. Garland
- Matter of L-A-C-
- Matter of O-R-E-
- 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