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 financial and investment analyst and entrepreneur, sought EB-2 classification as an individual of exceptional ability with a waiver of the job offer requirement; the specific proposed endeavor was not addressed because the case failed at the threshold classification stage.
Field: financial and investment analysis · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director found the Petitioner satisfied only two of six evidentiary criteria for exceptional ability under 8 C.F.R. 204.5(k)(3)(ii)(A)-(F); the Petitioner did not contest this finding on appeal, so it was deemed waived and was dispositive.
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Notable
The AAO dismissed the appeal solely on the ground that the Petitioner failed to contest the Director's threshold finding of ineligibility for exceptional-ability classification (deeming it waived), and expressly declined to reach any of the Dhanasar NIW prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that unnecessary issues need not be decided.
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)(iii)
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
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