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 logistics analyst with a 16-year career coordinating export, hazmat, and international shipping logistics, sought classification as an individual of exceptional ability with a national interest waiver to continue work in logistics/supply chain management.
Field: logistics and supply chain management · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner claimed exceptional ability but was found to meet only two of six regulatory criteria (degree and ten years' experience). His TSA cargo access authorization did not qualify as a professional license/certification, his National Notary Association membership was not a qualifying professional association, and his recommendation letters showed only effective employee performance rather than recognized achievements/contributions to the field. Because fewer than three criteria were satisfied, the threshold exceptional-ability classification failed, and the AAO declined to reach the NIW analysis.
How the evidence was treated
- certification membership · discounted
“does not meet the regulatory criteria for a license or certification to practice a particular profession”
AAO decision text - certification membership · discounted
“has not shown that the NNA is a professional association within the meaning of the regulations”
AAO decision text - recommendation letter · discounted
“these letters do not indicate that the Petitioner was recognized for his achievements and significant contributions to his industry or field, but merely for being an effective employee”
AAO decision text - resume experience · credited
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Notable
The AAO expressly reserved the national interest waiver analysis entirely because the Petitioner failed to establish threshold exceptional-ability eligibility (only 2 of 6 criteria met), citing INS v. Bagamasbad to avoid making 'purely advisory findings.' The TSA cargo access authorization and notary association membership were novel, non-standard evidentiary claims rejected as not qualifying under the exceptional-ability criteria.
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)(iii)
- Matter of Ho
- USCIS Policy Manual F.5(B)(2)
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