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 film and television producer/production manager, sought to continue working in the audiovisual/film production industry in the United States.
Field: film and television production · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner did not establish exceptional ability because he failed to meet at least three regulatory criteria; specifically the salary/remuneration and recognition/significant-contributions criteria were not satisfied on motion, and he does not claim to be a member of the professions holding an advanced degree.
How the evidence was treated
- resume experience · discounted
“does not establish that the Petitioner has commanded a salary demonstrating exceptional ability in his field”
AAO decision text - other · discounted
“The ACTV salary chart does not support the Petitioner's claims that his renumeration exceeded the compensation listed on the chart.”
AAO decision text - recommendation letter · discounted
“does not explain how such vision and ability constitutes a significant contribution to the film and television industry or field”
AAO decision text - awards · discounted
“the Petitioner's name is not included in the list of nominees and awardees that he submits on motion”
AAO decision text - motion resubmission · discounted
“does not address or resolve this discrepancy or provide additional evidence of his salary”
AAO decision text
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Notable
This is a motion to reopen following a prior AAO appeal dismissal; the AAO's decision focuses entirely on the threshold exceptional-ability criteria (salary/remuneration and recognition/significant-contributions) and does not reach the NIW prongs at all, citing Bagamasbad and Matter of L-A-C- for declining to address unnecessary issues. Detailed arithmetic comparisons of weekly/monthly salary figures against an industry salary chart are used to reject the salary criterion.
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. 103.5
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of Coelho
- Matter of L-A-C-
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