dismissedMAR252026_02B52032026-03-25 · appeal

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 mechanical technician with thirteen years of experience in industrial equipment inspection, sought EB-2 classification as an individual of exceptional ability with a national interest waiver.

Field: industrial equipment inspection / mechanical technician · Read the decision (uscis.gov)

EB-2 threshold — not met

The Petitioner claimed to qualify as an individual of exceptional ability but the record did not contain the evidence referenced in his cover letter (employment verification letters, license, certifications, recommendation letters); only an ETA-9089, marriage certificate, and identity documents were found in the record.

How the evidence was treated

resume experience · discounted
“The record, however, does not contain the evidence the Petitioner references in his cover letter.”
AAO decision text
certification membership · discounted
“The record, however, does not contain the evidence the Petitioner references in his cover letter.”
AAO decision text
recommendation letter · discounted
“The record, however, does not contain the evidence the Petitioner references in his cover letter.”
AAO decision text
degree · ignored
“SCOPS also stated that the Petitioner did not submit any educational documentation.”
AAO decision text
other · discounted
“This evidence does not pertain to the Petitioner's claimed exceptional ability and, therefore, does not overcome the basis for denial.”
AAO decision text

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Notable

AAO found SCOPS had erroneously evaluated the petition under the advanced-degree-professional track and improperly applied 8 C.F.R. 103.2(b)(8)(i), but nonetheless affirmed denial because the record lacked the exceptional-ability evidence the Petitioner claimed to have submitted (only an ETA-9089, marriage certificate, and identity documents were actually in the file). Because the threshold EB-2 classification failure was dispositive, the AAO expressly declined to reach the Dhanasar national interest waiver analysis, citing INS v. Bagamasbad and Matter of L-A-C- for declining to address unnecessary alternative 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)(iii)
Flores v. Garland
Matter of L-A-C-
USCIS Policy Manual F.5(B)(2)

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