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.
A retired Brazilian military police officer sought to establish and operate a limited liability company, 'Specialized Memorable Security,' running a shooting range in Florida offering firearm rentals, ammunition sales, and firearm/self-defense training courses, with unspecified plans to also provide security services.
Field: security services / military police / firearms training · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner sought EB-2 classification as an individual of exceptional ability but failed to satisfy at least three of the six regulatory criteria at 8 C.F.R. § 204.5(k)(3)(ii); the AAO found only the education/academic records and ten-years-experience criteria met, and rejected the license/certification, salary, professional association, and recognition criteria, making him ineligible for the underlying EB-2 classification and thus for a national interest waiver.
How the evidence was treated
- degree · credited
- resume experience · credited
- certification membership · discounted
“We will withdraw the Director's determination because the evidence presented is not sufficient to demonstrate that this association ... constitutes a professional association.”
AAO decision text - other · discounted
“we agree with the Director and find that this evidence does not establish that he commanded a salary which demonstrates exceptional ability.”
AAO decision text - recommendation letter · discounted
“the letters did not discuss his achievements and significant contributions to the industry or field in which he intends to work in the United States.”
AAO decision text
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Notable
The AAO dismissed the appeal entirely on threshold exceptional-ability eligibility grounds, expressly declining to reach any of the three Dhanasar prongs (citing INS v. Bagamasbad and Matter of L-A-C-) even though the Petitioner argued he met all three. The decision walks through each of the six exceptional-ability evidentiary criteria individually, withdrawing the Director's favorable finding on the professional-association criterion while agreeing with denials on the license, salary, and recognition criteria, with each ground for denial treated as an independent and alternate basis for dismissal.
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)
- Matter of L-A-C-
- Poursina v. USCIS
- 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 criteria (license/certification, salary, and recognition/contributions all found insufficient), making him ineligible for EB-2 classification and thus NIW moot.
Before arguing NIW prongs, ensure the underlying EB-2 exceptional-ability or advanced-degree eligibility is airtight; letters must show field-wide, not just employer-internal, recognition.
moderate
person_focused
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