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 embroiderer, sought to continue working in the United States in his craft, claiming exceptional ability sufficient to waive the job offer/labor certification requirement.
Field: embroidery · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner claimed exceptional ability (not advanced degree). Director found he met only 2 of 6 regulatory criteria (A and E); AAO found he failed to meet the required minimum of three, specifically rejecting his claims under criteria (B) (10 years full-time experience) and (F) (recognition for achievements/contributions).
How the evidence was treated
- resume experience · discounted
“does not support the assertion that... he 'had well over 10 years of full-time experience as an embroiderer.'”
AAO decision text - recommendation letter · discounted
“does not... establish that, at the time of filing, the Petitioner had at least 10 years of full-time experience”
AAO decision text - media · discounted
“does not establish that the Petitioner has been recognized for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations”
AAO decision text - awards · discounted
- certification membership · credited
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Notable
This case turned entirely on the threshold exceptional-ability determination (8 C.F.R. 204.5(k)(3)(ii)) rather than any NIW prong; the AAO expressly declined to reach the national interest waiver analysis because the threshold classification failed. Petitioner met only criteria (A) academic record and (E) membership, and needed at least one more of (B)-(D)/(F); AAO rejected newly-asserted (B) experience claim and (F) recognition claim, including detailed rejection of four media articles and authored works as not showing peer/organizational recognition.
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)(1)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Kazarian v. USCIS
- Section 291 of the Act
- Visinscaia v. Beers
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