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 sought to work in the field of cargo transportation and logistics as an entrepreneur, seeking exceptional-ability EB-2 classification with a national interest waiver.
Field: cargo transportation and logistics · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner met only one of six exceptional-ability evidentiary criteria (academic record); membership and license/certification criteria were not established, so he could not meet the required three criteria, and the AAO did not reach a final merits determination.
How the evidence was treated
- certification membership · discounted
“Absent evidence which establishes that the AMA qualifies as a professional association, we cannot conclude the Petitioner meets this criterion”
AAO decision text - certification membership · discounted
“the Petitioner has not demonstrated that his CLP is a license to practice a profession, as defined by 8 C.F.R. § 204.5(k)(3)”
AAO decision text - degree · credited
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Notable
AAO withdrew the Director's finding that Petitioner met the membership criterion, but nonetheless dismissed on threshold exceptional-ability grounds because only one of six criteria was ultimately satisfied; the AAO expressly declined to reach the Dhanasar NIW analysis, reserving those issues as unnecessary to the outcome.
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)(12)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- Matter of Katigbak
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
Cases in adjacent profiles
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