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 classification as an individual of exceptional ability with a national interest waiver, apparently in connection with work related to motor vehicle dealership activities, though the specific proposed endeavor is not detailed in this threshold-level denial.
Field: motor vehicle dealership/sales · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish at least three of the six exceptional ability criteria under 8 C.F.R. 204.5(k)(3)(ii); the Director's finding that criterion (A) was met (based on a two-day motor vehicle dealer training certificate) was withdrawn, leaving only two criteria satisfied.
How the evidence was treated
- certification membership · discounted
“recognizing a certificate for completing a two-day training seminar as an award similar to a degree...strains plausibility”
AAO decision text - degree · discounted
“Neither the photocopy of the Petitioner's certificate of completion nor the printout of section 320.27...is an official academic record.”
AAO decision text
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Notable
The decision is resolved entirely at the threshold exceptional-ability stage and never reaches the Dhanasar NIW prongs, which the AAO explicitly declines to address (citing Bagamasbad and Matter of L-A-C-). The dispositive issue is whether a two-day motor vehicle dealer training seminar certificate qualifies as an 'official academic record' under 8 C.F.R. 204.5(k)(3)(ii)(A); the AAO held it does not, both because the certificate itself is not the type of degree/diploma contemplated and because a photocopy is not an 'official academic record.' The underlying occupation/endeavor is barely described in the redacted text.
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)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Kazarian v. USCIS
- Matter of L-A-C-
- Visinscaia v. Beers
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