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 sales operations manager, sought to continue working in his field in the United States, claiming eligibility as an individual of exceptional ability and seeking a national interest waiver.
Field: sales operations · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found the Petitioner did not establish advanced degree professional eligibility, but failed to address his alternative claim of exceptional ability, which the AAO found to be a reversible procedural defect.
How the evidence was treated
- motion resubmission · ignored
“the motion documents and assertions still did not overcome the finding contained in the previous denial”
AAO decision text
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Notable
This decision does not reach the merits of the NIW analysis; it is a procedural remand because the Director failed to address the Petitioner's alternative claim of exceptional-ability EB-2 eligibility and never reached the Dhanasar prongs. The AAO cited Matter of A-P- for the principle that decisions must reflect 'substantive completeness.'
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)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
What this case teaches
Analyst reading of the decision text.
Director denied solely on advanced-degree ground, ignoring petitioner's alternative exceptional-ability claim and Dhanasar evidence; AAO remanded for a complete decision addressing all claims.
Clearly delineate alternative EB-2 eligibility bases (advanced degree vs. exceptional ability) so adjudicators cannot dispose of the case without reaching all claims and the NIW merits.
vague
mixed
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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