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 sewing professional, sought EB-2 classification as an individual of exceptional ability with a national interest waiver, though the specific proposed U.S. endeavor was not reached in the decision.
Field: professional sewing · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish at least three of the six exceptional-ability criteria; the AAO withdrew the Director's findings on the academic record criterion (diploma unrelated to sewing) and the professional membership criterion (membership was 'pending,' not active at filing), leaving only one criterion potentially met, which was insufficient.
How the evidence was treated
- degree · discounted
“the record does not include sufficient evidence that the diploma relates to the Petitioner's area of exceptional ability”
AAO decision text - certification membership · discounted
“the record does not include evidence demonstrating her active membership to ASDP at the time of filing”
AAO decision text
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Notable
The decision's caption states 'Appeal of Texas Service Center Decision' but the body text attributes the denial to 'the Director of the Nebraska Service Center,' an internal inconsistency. The AAO withdrew both of the Director's favorable exceptional-ability findings (academic record and professional membership) and, having found the threshold EB-2 classification unmet, expressly reserved judgment on all three Dhanasar prongs, never reaching the national interest waiver analysis.
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)
- Kazarian v. USCIS
- Matter of Katigbak
- Matter of L-A-C-
- Poursina v. USCIS
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp