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 decision does not describe the Petitioner's proposed endeavor, as the AAO reserved and declined to reach the merits of the national interest waiver claim.
EB-2 threshold — not met
The Director found the Petitioner did not establish eligibility for exceptional-ability EB-2 classification, and the Petitioner did not contest this finding on appeal, so the AAO deemed it waived; the petition was also independently unapprovable for failure to submit the required Form ETA-750B under 8 C.F.R. 204.5(k)(4)(ii).
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Notable
The AAO dismissed the appeal on threshold/procedural grounds without reaching the national interest waiver analysis: the Petitioner failed to submit the required Form ETA-750B under 8 C.F.R. 204.5(k)(4)(ii), and separately waived the exceptional-ability EB-2 classification issue by not contesting the Director's finding on appeal. The AAO expressly reserved the Petitioner's NIW arguments as unnecessary to the decision, citing INS v. Bagamasbad and Matter of L-A-C-.
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 L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
- USCIS Policy Manual F.5(B)(2)
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