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 hotel and tourism industry manager, sought to continue his career as a hospitality professional (general/regional hotel manager) in the United States.
Field: hotel and tourism management · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner's bachelor's degree alone did not qualify him as an advanced degree professional, and he lacked five years of progressive experience following receipt of that degree as required; he also satisfied only two of the six exceptional-ability criteria, short of the required three.
How the evidence was treated
- degree · credited
- resume experience · credited
- certification membership · discounted
“the Petitioner has not established that it is a professional association”
AAO decision text - awards · discounted
“he has not submitted sufficient evidence to establish this claim”
AAO decision text - recommendation letter · discounted
“do not describe recognition for achievements or significant contributions to his industry”
AAO decision text
All 6 evidence items
- other · discounted
“the Petitioner has not sufficiently established that he has commanded a salary that demonstrates exceptional ability”
AAO decision text
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Notable
The AAO never reached the Dhanasar national-interest-waiver framework because it found the Petitioner ineligible for the underlying EB-2 classification (failing both the advanced degree and exceptional ability pathways), expressly reserving opinion on all three Dhanasar prongs.
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. 103.2(b)(1)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- Matter of Katigbak
- Matter of L-A-C-
- Poursina v. USCIS
- USCIS Policy Manual F.5(B)(2)
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