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 bakery and pastry chef, sought to work in the United States under an EB-2 exceptional ability classification with a national interest waiver of the job offer requirement.
Field: baking and pastry arts · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish eligibility for exceptional ability classification, meeting only 2 of 6 regulatory criteria (academic degree and 10 years' experience); failed to satisfy license/certification, salary, membership, and recognition criteria, and comparable evidence claim was untimely and unsupported.
How the evidence was treated
- certification membership · discounted
“do not establish she holds a "certification for a particular profession or occupation," as the regulation requires”
AAO decision text - resume experience · discounted
“the letter reflects the Petitioner worked for a company as an administrator with no indication that she performed duties as a bakery and pastry chef”
AAO decision text - recommendation letter · discounted
“nothing in her letter addressed the Petitioner's achievements and significant contributions to the industry or field”
AAO decision text - motion resubmission · discounted
“the Petitioner offered the same attenuated eligibility arguments and the same evidence that she previously offered”
AAO decision text - other · discounted
“articles on the topic of salaries was not sufficient to demonstrate she met this criterion's requirements”
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
Case was dismissed entirely at the threshold EB-2 exceptional ability stage; the AAO never reached the Dhanasar NIW prongs. The AAO also rejected a belated comparable-evidence claim as improperly raised for the first time on appeal, and refused to consider new evidence (an earnings letter) submitted for the first time on appeal under Matter of Furtado. Petitioner appears to have been self-represented or the brief was minimal, as the AAO repeatedly noted she failed to contest the Director's specific findings and thus waived several issues under Matter of Garcia.
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)(3)
- 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)
- Flores v. Garland
- Matter of R-A-M-
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