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 decision does not describe the specific endeavor; the Petitioner sought EB-2 classification as an entrepreneur claiming exceptional ability, with a national interest waiver of the job offer requirement.
EB-2 threshold — not met
Petitioner conceded on appeal that he does not qualify as an alien of exceptional ability and did not contest the Director's findings on the underlying EB-2 classification, so this ground was deemed waived and unestablished.
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Notable
The AAO did not reach the NIW prongs at all because the Petitioner failed to contest the underlying EB-2 exceptional-ability classification denial on appeal, deeming that issue waived and dispositive; the appeal concedes non-qualification as exceptional ability and does not address advanced degree eligibility either.
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)(3)(ii)
- Matter of L-A-C-
- Matter of R-A-M-
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers