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 operation manager in the food retail industry, sought to continue working in retail business operations in the United States.
Field: food retail management · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to meet at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. 204.5(k)(3)(ii)(A)-(F); letters submitted did not tie to specific criteria.
How the evidence was treated
- recommendation letter · discounted
“the Petitioner does not articulate how the submitted letters establish that she meets any of the specific evidentiary criteria”
AAO decision text - resume experience · discounted
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Notable
AAO dismissed on threshold exceptional-ability grounds alone (failure to meet 3 of 6 regulatory criteria) and expressly declined to reach the Dhanasar national interest waiver analysis, reserving all three prongs. Also noted Petitioner failed to identify any specific error in the Director's decision, an independent basis for dismissal under 8 C.F.R. 103.3(a)(1)(v).
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)(iii)
- Flores v. Garland
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
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