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 decision does not clearly describe the proposed endeavor; the AAO found the Petitioner's inconsistent representations obscured its nature entirely.
EB-2 threshold — not met
Petitioner did not establish exceptional ability by meeting at least three of the six regulatory criteria at 8 C.F.R. 204.5(k)(3)(ii); categorical ineligibility for EB-2 classification made the national interest waiver analysis unnecessary.
How the evidence was treated
- motion resubmission · discounted
“The Petitioner's appeal is essentially a reiteration of the documentation and argument they previously submitted with their RFE response.”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
AAO adopted and affirmed the Director's decision under Matter of Burbano/appellate-adoption case law, citing multiple circuit court decisions (Prado-Gonzalez, Giday, Chen) endorsing the practice. The threshold exceptional-ability failure was dispositive, and the AAO explicitly declined to reach the NIW prongs, stating consideration of the waiver 'is not indicated' where a petitioner is categorically ineligible for EB-2 classification. The decision also notes the Petitioner obscured the nature of their proposed endeavor through inconsistent representations, though this is framed as part of the threshold/EB-2 categorical failure rather than a distinct prong 1 finding.
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
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