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 Brazilian sales-management entrepreneur and managing partner, sought EB-2 classification as an individual of exceptional ability together with a national interest waiver of the job offer requirement.
Field: sales management / business consulting · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met only 2 of 6 exceptional-ability criteria (official academic record, ten years' experience); AAO found he failed the license/certification, salary, professional-membership, and recognition criteria, so he did not meet the required three of six and the underlying EB-2 exceptional-ability classification was not established.
How the evidence was treated
- certification membership · discounted
“the record does not demonstrate that an administration technician is a profession”
AAO decision text - resume experience · discounted
“they are not substantiated with independent and objective evidence, such as invoices, bank statements, and/or tax returns”
AAO decision text - certification membership · discounted
“the Petitioner has not shown that [the organization] are professional associations within the meaning of the regulations”
AAO decision text - recommendation letter · discounted
“the personal recognitions described and documented in the letters do not demonstrate that he has been recognized for "achievements and significant contributions"”
AAO decision text
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Notable
AAO found the Petitioner failed the threshold exceptional-ability requirement (meeting only 2 of 6 criteria) and therefore declined to conduct a final merits determination or reach the national interest waiver prongs (p1-p3), reserving those issues as unnecessary to the disposition.
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-
- USCIS Policy Manual F.5(B)(2)
What this case teaches
Analyst reading of the decision text.
Petitioner failed to satisfy at least three of six exceptional-ability regulatory criteria (license, salary, professional association, recognition all rejected), so underlying EB-2 classification was not established, mooting NIW analysis.
Secure and evidence at least three exceptional-ability criteria with objective, independently verifiable documentation before reaching NIW national-interest arguments; unsubstantiated foreign credentials and salary data will fail.
vague
person_focused
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