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 logistics analyst, sought to establish a logistics company in the United States, seeking classification as an individual of exceptional ability in business with a national interest waiver.
Field: logistics · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met three of six exceptional ability evidentiary criteria (academic degree, remuneration, professional membership) but AAO found in the final merits determination that he did not show a degree of expertise significantly above that ordinarily encountered in the field of logistics.
How the evidence was treated
- degree · discounted
“possession of a degree, diploma, certificate, or similar award ... shall not by itself be considered sufficient evidence of ... exceptional ability.”
AAO decision text - certification membership · discounted
“This does not establish that the Petitioner's membership in CSCMP distinguishes him from others in his field.”
AAO decision text - recommendation letter · discounted
“being recognized by one's employer for doing good work does not demonstrate a degree of expertise significantly above that ordinarily encountered”
AAO decision text - motion resubmission · discounted
“these cases examine in detail how their petitioners contributed to their fields by impacting the work of others in those fields.”
AAO decision text
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Notable
AAO dismissed the appeal solely on failure to meet the threshold exceptional-ability classification (final merits determination), expressly reserving the national interest waiver prongs as unnecessary to reach; Petitioner's citation of two non-precedent AAO decisions involving extraordinary ability was distinguished as inapposite.
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(c)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Kazarian v. USCIS
- Matter of E-M-
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
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