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 Brazilian-trained radiology technician, sought to work in the United States in his occupation and requested a national interest waiver of the job offer requirement.
Field: radiology technology · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met only one of the six exceptional-ability criteria (academic record); failed to establish 10 years full-time experience, license, salary demonstrating exceptional ability, professional association membership, or recognition for significant contributions, so did not qualify as an individual of exceptional ability and therefore did not establish eligibility for underlying EB-2 classification.
How the evidence was treated
- degree · credited
- resume experience · discounted
“the evidence provided...does not state whether the Petitioner was employed full-time”
AAO decision text - certification membership · discounted
“the Petitioner has not provided documentary evidence with a certified English translation to establish that the National Council...is an official body”
AAO decision text - other · discounted
“the Petitioner has not established that the salario.com salary ranges represent an accurate salary comparison”
AAO decision text - recommendation letter · discounted
“all three of the letters use very similar language and follow a nearly identical structure”
AAO decision text
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Notable
AAO found petitioner failed the threshold exceptional-ability EB-2 requirement and expressly declined to reach any of the three Dhanasar prongs, reserving its opinion on the NIW analysis entirely (footnote 8 offers an alternative final-merits finding that would also have failed exceptional ability). Notable discussion of near-identical recommendation letter language as grounds for diminished credibility, citing immigration fraud/credibility case law (Wang v. Lynch, Dehonzai v. Holder) rather than typical NIW letter-conclusory cases.
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)(3)
- 8 C.F.R. 103.3
- Matter of E-M-
- Matter of Ho
- Matter of L-A-C-
- Poursina v. USCIS
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
- The Petitioner, a pharmacist, proposed to work in the United States through her own company providing pharmaceutical reg
- The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
- The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his