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 chemical technician, proposed to improve health, safety, and the environment in the United States by manufacturing, developing, and managing installation of eco-friendly, water-based epoxy paint and coating products.
Field: chemical technology / non-toxic epoxy paints and coatings · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO found Petitioner did not meet at least three of six exceptional ability criteria under 8 C.F.R. 204.5(k)(3)(ii): withdrew Director's finding on the ten-years full-time experience criterion, and rejected salary and recognition-for-achievements criteria; only the degree criterion was met.
How the evidence was treated
- resume experience · discounted
“does not state whether the Petitioner worked full time”
AAO decision text - recommendation letter · discounted
“does not indicate that the Petitioner has received any recognition from others in his field for achievements or significant contributions to his industry”
AAO decision text - other · discounted
“the salary information in the comparison chart created by the Petitioner's accountant is not consistent with his tax returns or the union-issued salary sheets”
AAO decision text - degree · credited
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Notable
AAO withdrew the Director's favorable finding on the ten-years-experience criterion (sua sponte, to the Petitioner's detriment), then found the exceptional-ability threshold unmet on de novo review, making the NIW/Dhanasar analysis unreached and expressly reserved under Bagamasbad. Detailed forensic accounting of inconsistent currency figures (Argentinian pesos) across tax returns, salary sheets, and an accountant's comparison chart was used to reject the salary criterion.
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)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Flores v. Garland
- USCIS Policy Manual F.5(B)(2)
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