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 automotive technician, sought to continue working in automotive maintenance and repair in the United States; the decision does not elaborate further on the specific endeavor.
Field: automotive technology/repair · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish exceptional ability because he did not submit an official academic record (degree, diploma, certificate, or similar award) from a qualifying institution relating to his field, as required under 8 C.F.R. § 204.5(k)(3)(ii)(A); his military training, independent credential evaluation, and work experience were found insufficient to satisfy this criterion, and the AAO declined to revisit its prior finding on the recognition-for-achievement criterion under (ii)(F) as well.
How the evidence was treated
- degree · discounted
“An official academic record showing that the alien has a degree, diploma, certificate, or similar award.”
AAO decision text - certification membership · discounted
“6 USCIS Policy Manual, supra, at F.5 does not contain language supporting the Petitioner's contention.”
AAO decision text - resume experience · discounted
“it still would not meet the requirement of an official academic record ... relating to the area of exceptional ability.”
AAO decision text - motion resubmission · discounted
“a motion to reconsider is not a process by which a party may submit, in essence, the same brief presented on appeal.”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
This decision concerns a second combined motion to reopen/reconsider that never reaches the NIW prongs; it turns entirely on whether the Petitioner meets the threshold 'exceptional ability' criteria, particularly the official-academic-record requirement. The AAO also flags that the Petitioner misquoted the USCIS Policy Manual, noting the cited section 'does not contain language supporting the Petitioner's contention.'
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. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- Matter of Coelho
- Matter of O-S-G-
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- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
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