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 HVAC entrepreneur and technician who owned an HVAC company in Brazil, sought to continue work in the HVAC field in the United States.
Field: HVAC (heating, ventilation, and air conditioning) · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner did not contest the Director's finding that he lacked an advanced degree (waived), and failed to satisfy at least three of the six exceptional-ability evidentiary criteria under 8 C.F.R. 204.5(k)(3)(ii), meeting only the academic-record criterion.
How the evidence was treated
- certification membership · discounted
“The Petitioner does not sufficiently describe or submit any evidence establishing the significance of membership as a contributor in Club de Engenharia”
AAO decision text - resume experience · discounted
“do not sufficiently detail how completion of any of the projects significantly contributed to the industry or field of HVAC beyond the scope of the individual project”
AAO decision text - contract revenue · discounted
“the letter is unsupported by independent evidence such as payroll, employment, bank, or tax records to corroborate the amounts purported to have been earned”
AAO decision text - recommendation letter · discounted
“while recognizing his contributions to individual projects, do not sufficiently detail how completion of any of the projects significantly contributed to the industry”
AAO decision text - degree · credited
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Notable
The appeal was dismissed solely on threshold EB-2 exceptional-ability grounds (failure to meet at least three of six regulatory criteria); the AAO expressly reserved and did not reach the national interest waiver prongs, citing Bagamasbad and Matter of L-A-C- for declining to address unnecessary issues.
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.
- Flores v. Garland
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
- USCIS Policy Manual F.5(B)(2)
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