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 entrepreneur, sought EB-2 classification as an individual of exceptional ability in a field involving computer-aided design, along with a national interest waiver of the job offer requirement.
Field: computer aided design · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director found the Petitioner satisfied three of six exceptional-ability criteria but failed the final merits determination. On appeal, the Petitioner only contested one subordinate criterion (achievements/significant contributions) and did not challenge the Director's actual final merits determination reasoning, so that claim was deemed abandoned/waived. Failure to establish EB-2 exceptional ability eligibility was dispositive of the appeal.
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Notable
The appeal was resolved entirely on the threshold EB-2 exceptional ability determination (final merits determination), which the Petitioner failed to contest on appeal, resulting in abandonment/waiver of that claim under Matter of F-C-S-. The AAO never reached the Dhanasar NIW prongs, citing Matter of Chen for declining to address non-dispositive issues. The AAO also expressly adopted and affirmed the Director's decision under the Burbano doctrine.
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. 204.5(k)(2)
- Flores v. Garland
- USCIS Policy Manual F.5(B)(2)
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