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, an IT consultant from Brazil with over 18 years of experience leading systems implementation projects, sought to work in the United States as a computer systems analyst.
Field: information technology / computer systems analysis · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish exceptional ability, meeting only one of the required three criteria (academic record); he did not sufficiently demonstrate commanded salary, professional membership (untimely), or recognition for achievements and significant contributions to his field.
How the evidence was treated
- recommendation letter · discounted
“the letters describe the Petitioner as a valued employee and co-worker, making positive contributions to his client's operations”
AAO decision text - other · discounted
“it is not sufficiently clear that this income represented salary or renumeration for a particular information technology profession”
AAO decision text - certification membership · ignored
“the petitioner was put on notice of the required evidence and given a reasonable opportunity to provide it for the record before the denial”
AAO decision text - motion resubmission · discounted
“the provided printout from Glassdoor does not indicate how experience impacts the average annual salary of an information technology worker”
AAO decision text - degree · credited
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
This decision concerns exceptional-ability classification (threshold EB-2), not the substantive NIW prongs; because the Petitioner failed to establish exceptional ability, the AAO expressly declined to reach the Director's national interest waiver analysis, stating such review 'would also serve no meaningful purpose.'
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(k)(2)
- Matter of Ho
- USCIS Policy Manual F.5(B)(2)
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