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 sought to own and operate an information technology consulting entity providing architecture, implementation, and automation design of cloud solutions.
Field: information technology / cloud solutions consulting · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO withdrew the Director's final merits determination but concluded the Petitioner did not meet at least three of the six exceptional-ability criteria under 8 C.F.R. 204.5(k)(3)(ii), specifically failing (C) license/certification, (D) salary, (E) professional membership, and (F) recognition for achievements/contributions.
How the evidence was treated
- certification membership · discounted
“The record does not adequately support that the 20 certifications and individual course completion certificates ... are required to perform the duties”
AAO decision text - certification membership · discounted
“The Petitioner's membership in the Brazilian Computer Society ... is not sufficient evidence of membership in a professional association.”
AAO decision text - other · discounted
“the record does not reflect the salary or remuneration expected for individuals of exceptional ability performing duties comparable to those the Petitioner intends to undertake”
AAO decision text - recommendation letter · discounted
“the letters ... simply describe work assignments and the realization of corporate objectives by the Petitioner”
AAO decision text - awards · discounted
“it is not evident in the record whether the awards recognize achievements or significant contributions not ordinarily encountered in the field”
AAO decision text
All 7 evidence items
- degree · credited
- resume experience · credited
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Notable
AAO withdrew the Director's final merits determination on exceptional ability but still dismissed the appeal on the alternate ground that the Petitioner failed to meet at least three of the six threshold regulatory criteria; because eligibility for EB-2 classification was not established, the AAO expressly declined to reach the Dhanasar national interest waiver prongs, reserving them under Bagamasbad/Matter of L-A-C-.
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. 103.3
- 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 L-A-C-
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