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.
A civil engineer sought classification as an individual of exceptional ability and an NIW to continue working in her field, though the specific proposed endeavor was not discussed because the AAO resolved the case on threshold exceptional-ability grounds.
Field: civil engineering · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner conceded the advanced-degree professional issue and instead argued she met the exceptional-ability regulatory criteria; the AAO found she satisfied only two of the required three criteria, failing the 'achievements and significant contributions' criterion under 8 C.F.R. 204.5(k)(3)(ii)(F) because her submitted expert letter did not identify specific achievements or explain their significance.
How the evidence was treated
- recommendation letter · discounted
“the letter does not sufficiently demonstrate her recognition for achievements and significant contributions to the industry or field”
AAO decision text
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Notable
The AAO expressly declined to reach the national interest waiver analysis under Dhanasar, resolving the appeal entirely on the threshold exceptional-ability determination (failure of one of three required regulatory criteria), citing Bagamasbad and Matter of L-A-C- for the principle that agencies need not decide unnecessary issues.
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)
- Matter of L-A-C-
- Poursina v. USCIS
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod