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 nurse, sought classification as an individual of exceptional ability with a national interest waiver of the job offer requirement.
Field: nursing · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met the minimum three of six evidentiary categories for exceptional ability but failed the final merits determination, which found her professional achievements did not set her apart from other nurses to show a degree of expertise significantly above that ordinarily encountered in her field.
How the evidence was treated
- certification membership · discounted
“the record lacked evidence that the Petitioner's professional achievements set her apart from other nurses”
AAO decision text - degree · discounted
“meeting the minimum requirements by providing at least three types of initial evidence does not, in itself, establish”
AAO decision text
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Notable
This case turns entirely on the threshold exceptional-ability determination, not the NIW/Dhanasar prongs; the AAO found the Dhanasar analysis unnecessary because the threshold classification failed. The Petitioner's procedural argument (that a follow-up RFE should have been issued before denial) was rejected, and the AAO deemed the final-merits argument waived because it was not addressed on appeal, then adopted and affirmed the Director's decision under Matter of Burbano.
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. 103.2(b)(8)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Chen v. INS
- Poursina v. USCIS
- USCIS Policy Manual F.5(B)(2)
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