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, an entrepreneur, sought to continue his business ventures in the United States, relying on his experience founding and running companies involving industrial systems installation and training.
Field: entrepreneurship/industrial systems · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner claimed exceptional ability but failed to satisfy at least three of six regulatory criteria (only B was conceded by Director; D and F were rejected on appeal review); did not assert advanced degree eligibility.
How the evidence was treated
- other · discounted
“the tax return does not establish what services the Petitioner may have provided in exchange for which he received the shares of stock”
AAO decision text - recommendation letter · discounted
“the letter specifically states that the Petitioner's ability to train clients "was of great importance and recognition for our company," not for the industry or field”
AAO decision text
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Notable
This decision does not reach the NIW prongs at all; the appeal was dismissed solely on threshold exceptional-ability grounds under 8 C.F.R. 204.5(k)(3)(ii), with the AAO expressly declining to address the national interest waiver issue. The AAO scrutinized a Brazilian tax return in detail, finding the petitioner mischaracterized stock/asset holdings and capital contributions as 'income' to inflate an exceptional-ability salary claim.
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)
- Kazarian v. USCIS
- Visinscaia v. Beers
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