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 legal processor for a district attorney's office in California, sought classification as an individual of exceptional ability in law enforcement and a national interest waiver of the job offer requirement.
Field: law enforcement/criminal justice · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner did not establish at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. 204.5(k)(3)(ii); only the degree criterion was met.
How the evidence was treated
- degree · credited
- resume experience · ignored
“The Petitioner did not submit evidence of this criterion.”
AAO decision text - certification membership · discounted
“it is not a license to practice or a certification for a profession or occupation”
AAO decision text - other · discounted
“he acknowledges on appeal that his salary evidence does not demonstrate exceptional ability”
AAO decision text - recommendation letter · discounted
“they do not explain how he has made significant contributions to the field of criminal justice beyond his work as an intern”
AAO decision text
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Notable
Because the Petitioner failed to establish the underlying exceptional-ability classification, the AAO found the national interest waiver issue moot and did not analyze any of the three Dhanasar prongs; this decision is entirely a threshold-eligibility denial.
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)
- INA 203(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