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 childcare professional, proposed to support parents as primary educators through a 'Practical Guide' project teaching family and home-organization strategies, including for families with children with Autism.
Field: early childhood education · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met all six exceptional-ability evidentiary criteria under 8 C.F.R. 204.5(k)(3)(ii), but the final merits determination found the totality of evidence insufficient to show a degree of expertise significantly above that ordinarily encountered in her field.
How the evidence was treated
- degree · discounted
“the mere possession of a degree or diploma from a college or university is not by itself considered sufficient evidence”
AAO decision text - resume experience · discounted
“the Petitioner did not demonstrate how her experience relates to other teachers or how it is indicative of a heightened degree of expertise”
AAO decision text - certification membership · discounted
“the evidence does not demonstrate...that limits its membership to teaching professionals that possess credentials, experience or some other qualifications”
AAO decision text - recommendation letter · discounted
“reference letters state in conclusory fashion that the Petitioner is exceptional in her field, they do not explain whether they conducted some form of independent review”
AAO decision text
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Notable
This appeal turned entirely on the threshold EB-2 'exceptional ability' final merits determination; despite meeting all six regulatory criteria, the Petitioner failed to show expertise significantly above the ordinary, so the AAO never reached the Dhanasar NIW prongs.
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)
- Chen v. INS
- Flores v. Garland
Cases in adjacent profiles
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- The Petitioner, an arts, drama, and music teacher and entrepreneur, sought EB-2 classification as an individual of excep
- The petitioner, a mathematics teacher with 17 years of experience, proposed to operate a company offering online math tu