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 sought to continue owning and operating his automotive repair shop in the United States.
Field: automotive repair / operations management · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish eligibility as an individual of exceptional ability; evidence showed training and experience but not expertise significantly above that ordinarily encountered in the field. Also failed to establish advanced degree professional eligibility due to lack of any bachelor's-level academic credentials.
How the evidence was treated
- degree · discounted
“nothing in the record reflects that the Petitioner has any formal academic education at the baccalaureate level”
AAO decision text - resume experience · discounted
“Possessing the training needed to perform an occupation and having experience in the occupation are not sufficient”
AAO decision text - recommendation letter · discounted
- awards · discounted
“the Petitioner has not explained nor documented the process by which these customer service awards were determined”
AAO decision text - certification membership · discounted
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
AAO did not reach the Dhanasar prongs at all, expressly reserving opinion on them because the threshold EB-2 exceptional ability determination was dispositive; Petitioner's appeal brief failed to address the Director's threshold finding, resulting in waiver of that issue under Matter of R-A-M-.
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)
- Kazarian v. USCIS
- Matter of R-A-M-
- Poursina v. USCIS
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp