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, describing himself as an industrial designer with a background in architecture, sought EB-2 classification and a national interest waiver, but the decision does not reach the specifics of his proposed endeavor because it was resolved on threshold eligibility grounds.
Field: industrial design / architecture · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish eligibility as either an individual of exceptional ability (did not meet at least three of six regulatory criteria, with deficient/inconsistent evidence of a degree) or as an advanced degree professional (record showed an incomplete bachelor's degree per his own labor certification application and personal statement, contradicting appellate claims of degree completion); untranslated transcript given no weight and resume showed no qualifying post-baccalaureate progressive experience.
How the evidence was treated
- degree · discounted
“he did not establish that the certificate was related to industrial design, the area in which he claims to have exceptional ability”
AAO decision text - resume experience · discounted
“his work history does not show the required post-baccalaureate work experience in the specialty”
AAO decision text - certification membership · discounted
“The 'Thank you letter,' certificate of participation in a 2017 exhibition, and claim that the Petitioner 'passed professional practice' do not establish that he met either of the two listed criteria”
AAO decision text
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Notable
AAO dismissed the appeal purely on threshold EB-2 classification grounds (failure to establish exceptional ability or advanced degree professional status due to inconsistent claims about completion of a bachelor's degree), expressly declining to reach the Dhanasar three-prong national interest waiver analysis under Bagamasbad/L-A-C- reserved-issue doctrine.
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)(3)
- 8 C.F.R. 204.5(k)(2)
- Matter of Ho
- Matter of L-A-C-
- Poursina v. USCIS
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
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- 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