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 hairstylist, sought EB-2 classification as an individual of exceptional ability with a national interest waiver, intending to continue working as a self-employed hairstylist in the United States.
Field: cosmetology/hairstyling · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO agreed with the Director that the Petitioner failed to establish exceptional ability, ultimately concluding she met none of the six regulatory criteria (withdrawing the Director's findings that two criteria were satisfied) and failed to meet the license and salary criteria she raised on appeal.
How the evidence was treated
- resume experience · discounted
“The Petitioner must resolve these inconsistencies in the record with independent, objective evidence pointing to where the truth lies.”
AAO decision text - certification membership · discounted
“Because the Petitioner cannot rely on a license obtained after filing, we agree with the Director's conclusion that the Petitioner has not met this criterion.”
AAO decision text - other · discounted
“The Petitioner has not provided comparable evidence to evaluate the Petitioner's earnings versus other individuals in the field.”
AAO decision text
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Notable
AAO withdrew the Director's favorable findings on two exceptional-ability criteria (10 years' experience and professional association membership) but still agreed with the ultimate denial due to unresolved employment inconsistencies and lack of qualifying membership evidence. Because the threshold EB-2 exceptional-ability classification was not established, the AAO expressly declined to reach the Dhanasar NIW prongs, citing INS v. Bagamasbad and Matter of L-A-C-.
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)
- Flores v. Garland
- Kazarian v. USCIS
- Matter of Ho
- Matter of Katigbak
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
- 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