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 capoeira coach, sought classification as an individual of exceptional ability with a national interest waiver, though the specific proposed endeavor was not reached due to threshold failure.
Field: capoeira coaching · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to satisfy at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. 204.5(k)(3)(ii), including academic record, license/certification, membership, and recognition criteria.
How the evidence was treated
- degree · discounted
“the Petitioner has not established that any of the issuing entities qualify as a "college, university, school or other institution of learning"”
AAO decision text - certification membership · discounted
“the Petitioner has not sufficiently established that receipt of a brown belt from ABADA-Capoeira qualifies as certification as a capoeira coach”
AAO decision text - certification membership · discounted
“the Petitioner did not, however, provide any supporting evidence, such as the membership requirements, to establish that it is a professional association”
AAO decision text - recommendation letter · discounted
“The letter does not, however, establish what influence, if any, he has had on the sport of capoeira as a whole”
AAO decision text
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Notable
AAO addressed a criterion (recognition for achievements) that the Director's decision did not actually rely on, noting the RFE referenced it but the denial did not. Threshold exceptional-ability failure was found dispositive, obviating any national interest waiver (Dhanasar) analysis; decision explicitly declines to reach the NIW prongs.
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. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Matter of R-A-M-
- Poursina v. USCIS
Cases in adjacent profiles
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- The Petitioner, an art curator, proposed to establish a nonprofit cultural center/platform focused on exhibitions, oral