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 Brazilian entrepreneur, sought to continue running her cosmetics/hair-care marketing and product business in the United States.
Field: cosmetics/beauty and marketing entrepreneurship · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO found Petitioner met only one of six exceptional-ability criteria (education), rejecting the Director's finding of four met criteria; experience, certification, salary, membership, and recognition criteria all failed.
How the evidence was treated
- degree · credited
- resume experience · discounted
“none of the letters contain complete dates for when the Petitioner performed work for various clients”
AAO decision text - recommendation letter · discounted
“the letters are general and conclusory in nature”
AAO decision text - certification membership · discounted
“The completion certificates do not represent a certification for a particular profession”
AAO decision text - other · discounted
“there is little concrete information with which to determine how her salary compares to others”
AAO decision text
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Notable
The AAO withdrew the Director's finding that three of four exceptional-ability criteria were met, concluding only one criterion (education) was satisfied, and declined to reach the Dhanasar national-interest-waiver prongs entirely because the threshold EB-2 failure was dispositive.
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)
- Matter of L-A-C-
- Matter of Otiende
- Poursina v. USCIS
- USCIS Policy Manual F.5(B)(2)
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