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 operating as an entrepreneur and business administrator through his U.S.-based companies, including a motor vehicle dealership business.
Field: motor vehicle dealership / business administration · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO affirmed that Petitioner failed to establish at least three of six exceptional-ability criteria: professional association membership, ten years of full-time experience, a license/certification in his own name, and recognition for significant contributions to the field.
How the evidence was treated
- certification membership · discounted
“the Petitioner's record does not sufficiently establish that the organizations constitute professional associations as contemplated in the regulations”
AAO decision text - certification membership · discounted
“the regulation requires evidence of the self-petitioner's own license to practice the profession or certification for a particular profession or occupation”
AAO decision text - resume experience · discounted
“Attempts to explain or reconcile such discrepancies without clear and competent objective evidence pointing to where the truth, in fact, lies will not suffice”
AAO decision text - recommendation letter · discounted
“the record fails to establish how the Petitioner received recognition for his achievements or made contributions to the field or industry in a significant manner”
AAO decision text - motion resubmission · 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
This decision addresses only the threshold EB-2 exceptional-ability classification on a motion to reconsider; the AAO never reached the national interest waiver prongs because the Petitioner failed to establish the underlying exceptional-ability classification. The Petitioner argued the AAO's prior appellate decision applied a more rigorous standard than required by Matter of Chawathe, but the AAO rejected this argument.
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. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(iii)
- Matter of Ho
- USCIS Policy Manual F.5(B)(2)
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- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
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