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 administrative services manager/entrepreneur, sought EB-2 classification as an individual of exceptional ability with a national interest waiver, though the specific endeavor's substance was not reached.
Field: administrative services / business · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met three of six regulatory criteria for exceptional ability but failed the final merits determination, as the totality of evidence did not show a degree of expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- resume experience · discounted
“did not assert that her performance of these duties nor her achievements go beyond what is normally encountered in her field”
AAO decision text - recommendation letter · discounted
“stated that the Petitioner performed her assigned job duties effectively and was an effective, proactive professional”
AAO decision text - certification membership · discounted
“the record lacked independent objective evidence to establish the relevance and significance of that membership”
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
AAO found Petitioner failed the threshold exceptional-ability final merits determination despite meeting 3 of 6 regulatory criteria, and explicitly declined to reach the Dhanasar NIW analysis as unnecessary since underlying EB-2 classification was not established, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that adjudicators need not reach alternative issues once a case is otherwise resolved.
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)
- Flores v. Garland
- Matter of E-M-
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod