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 waiter, alternately proposed either continuing to work as a waiter or starting his own company providing waitstaff services to event planners and party houses.
Field: food service / hospitality (waiter; proposed waitstaff-services business) · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director's original denial relied on evidence from an unrelated case (construction-industry letters), which AAO withdrew; but upon independent review AAO found the Petitioner's own evidence still failed to satisfy at least three of the six exceptional-ability criteria (experience, salary, achievements/recognition, degree, and membership were each found deficient).
Prong 1 — national importanceestablished
“The Petitioner cannot establish eligibility by discussing the merits of multiple related but distinct proposed endeavors.”
“He must describe one specific proposed endeavor and submit supporting evidence relating that endeavor.”
AAO decision text
How the evidence was treated
- resume experience · discounted
“Any period when the Petitioner was technically listed as employed, but not working or receiving compensation, does not constitute full-time experience.”
AAO decision text - other · discounted
“The Petitioner did not provide a basis to compare his salary to those of others similarly employed.”
AAO decision text - recommendation letter · discounted
“Letters must attest not only to an individual's value to their own employer, but to their achievements and significant contributions to the industry or field.”
AAO decision text - other · discounted
“The articles are not evidence of their own significance.”
AAO decision text - degree · discounted
“The Petitioner has not shown [the high school diploma] to relate to the area of claimed exceptional ability.”
AAO decision text
All 7 evidence items
- certification membership · discounted
“The Petitioner has confirmed his membership but has not established that either organization is a professional association.”
AAO decision text - business plan · discounted
“The Petitioner cannot establish eligibility by discussing the merits of multiple related but distinct proposed endeavors.”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
Notable
AAO withdrew the Director's denial because it found the Director's factual findings relied on evidence from an apparently unrelated case (construction-industry letters and a magazine article the Petitioner never submitted), yet AAO's own independent review still found the exceptional-ability criteria unmet. AAO also flagged, as guidance for remand, that the Petitioner described two inconsistent proposed endeavors (working as a waiter vs. founding a waitstaff-services company) without deciding the national interest waiver prongs, since the Director had not yet reached that issue.
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. 103.3
- 8 C.F.R. 204.5(g)(1)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Kazarian v. USCIS
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
Director's denial relied substantially on evidence and job history (construction employment, unrelated magazine article) belonging to a different case, requiring vacatur and remand for correct record review.
Ensure the record clearly defines one specific proposed endeavor consistent with claimed occupation, and verify the adjudicator's decision cites evidence actually in the petitioner's file.
vague
person_focused
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp