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, CEO of a lighting event design group, sought to continue his work designing and executing holiday and event lighting projects in the United States.
Field: lighting event design · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner did not establish an advanced degree (no bachelor's degree submitted; certificates from non-qualifying institutions do not substitute) and did not meet at least three of the six exceptional ability criteria (academic record, ten years full-time experience, license/certification, and salary/remuneration all found lacking).
How the evidence was treated
- certification membership · discounted
“these certificates do not constitute official academic records”
AAO decision text - resume experience · discounted
“the Petitioner has not demonstrated that he has accumulated at least ten years of full-time experience”
AAO decision text - contract revenue · discounted
“the Petitioner does not assert that a license or certification is required to practice his profession”
AAO decision text - degree · discounted
“he did not submit evidence of a bachelor's degree or foreign equivalent degree”
AAO decision text
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Notable
AAO did not reach the Dhanasar NIW prongs at all because threshold EB-2 eligibility (advanced degree/exceptional ability) failed; explicitly reserved opinion on NIW analysis as serving 'no meaningful purpose.' Untranslated foreign documents were excluded under 8 C.F.R. 103.2(b)(3).
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. 103.3
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
- Matter of L-A-C-
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