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 IT delivery lead/project manager specializing in data center centralization and cybersecurity, sought EB-2 classification as an individual of exceptional ability with a national interest waiver.
Field: information technology / data center management · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner satisfied only two of six exceptional-ability criteria (degree and ten years' experience); AAO agreed she failed to meet the salary/remuneration criterion (D) and the recognition-for-significant-contributions criterion (F), leaving her short of the required three criteria.
How the evidence was treated
- recommendation letter · discounted
“the letters do not explain how this resulted in significant contributions to her field”
AAO decision text - awards · discounted
“these do not indicate significant contributions to the field more widely, as they appear to be limited to her employer”
AAO decision text - other · discounted
“the letter does not establish that her salary relevant to others working within her field demonstrated exceptional ability”
AAO decision text - resume experience · credited
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Notable
The AAO found the threshold exceptional-ability determination dispositive and expressly declined to reach the Dhanasar national interest waiver analysis, reserving those arguments entirely.
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)
- Flores v. Garland
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
Cases in adjacent profiles
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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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