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, an entrepreneur in the information technology field, sought EB-2 classification as an individual of exceptional ability with a national interest waiver, though the specific business endeavor was not described in the decision.
Field: information technology · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish at least three of six exceptional ability criteria; disputed license/certification criterion and recognition for achievements criterion were both found unmet, and comparable evidence claims were rejected as unsupported and unidentified.
How the evidence was treated
- certification membership · discounted
“The fact that the Petitioner did not receive a licensure or certification in his profession is not evidence that the criterion...does not apply”
AAO decision text - recommendation letter · discounted
“this evidence does not show that his work has been recognized at a level indicative of achievements and significant contributions”
AAO decision text
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Notable
AAO resolved the appeal entirely on the threshold exceptional-ability determination and expressly declined to reach the Dhanasar national interest waiver framework, reserving those arguments as unnecessary to the disposition (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. 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)
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers