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, apparently a staff member of an international organization, sought classification as an individual of exceptional ability with a national interest waiver; the specific proposed endeavor is not discussed because the case was resolved on threshold eligibility grounds.
Field: unknown (redacted; appears to be international organization staff) · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met two of three previously-accepted exceptional-ability criteria but failed to additionally establish the criterion at 8 C.F.R. 204.5(k)(3)(ii)(D) (commanded salary/remuneration), and thus did not satisfy at least three criteria overall, making him ineligible for exceptional-ability classification.
How the evidence was treated
- other · discounted
“the Petitioner has not established that his remuneration is a result of his exceptional ability, as opposed to the [] standardized pay scale for his position and time in grade”
AAO decision text
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Notable
Case resolved entirely on threshold exceptional-ability grounds (the salary/remuneration criterion under 8 C.F.R. 204.5(k)(3)(ii)(D)); AAO expressly declined to reach the Dhanasar national-interest-waiver prongs as unnecessary given the dispositive threshold failure. The employer, apparently an international organization (likely UN-affiliated), is heavily redacted throughout.
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)
- Matter of L-A-C-
- Matter of R-A-M-
- Poursina v. USCIS
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