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 general and operations manager who also described himself as an entrepreneur in the road and transport tourism field, sought EB-2 classification as an individual of exceptional ability with a national interest waiver.
Field: road and transport tourism / general and operations management · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. 204.5(k)(3)(ii); the AAO withdrew the Director's favorable findings on the employment-experience and recognition criteria.
How the evidence was treated
- resume experience · discounted
“the declarations do not specify whether the positions were full-time, nor do they articulate the specific duties performed”
AAO decision text - recommendation letter · discounted
“the authors do not suggest that the Petitioner received recognition for achievements and significant contributions to the industry or field”
AAO decision text - certification membership · discounted
“he did not, however, provide supporting evidence, such as the membership requirements or by-laws, which establishes that the organization is a professional association”
AAO decision text - other · discounted
“it is unclear if the salary listed corresponds to an hourly, monthly, annual, or some other salary timeframe”
AAO decision text
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Notable
The AAO withdrew the Director's favorable findings on two of the exceptional-ability criteria (employment experience and recognition for achievements), meaning the Petitioner actually satisfied zero of the required three criteria in the AAO's view, rather than the Director's original finding of two met. Because threshold EB-2 exceptional-ability eligibility failed, the AAO expressly declined to reach the Dhanasar NIW prongs, stating 'further analysis of his eligibility for a national interest waiver would serve no meaningful purpose.'
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)
- INA 203(b)(2)
- Matter of R-A-M-
- Matter of V-K-
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