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, previously employed as a sales director and also acting as CEO/founding member of another company, sought classification as an individual of exceptional ability with a national interest waiver, though the specific proposed endeavor was not substantively reached.
Field: general and operations management / sales · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish exceptional ability under 8 C.F.R. 204.5(k)(3)(ii); did not meet the salary criterion or the recognition/contributions criterion, and thus could not satisfy the required three of six criteria.
How the evidence was treated
- degree · credited
- resume experience · discounted
“the Petitioner has not established how his earnings as a sales manager are indicative of exceptional ability relative to others in the field”
AAO decision text - recommendation letter · discounted
“the documentation does not sufficiently establish that the Petitioner's work has had an impact beyond his employers, clientele, and their projects”
AAO decision text
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Notable
Decision resolved entirely at the threshold exceptional-ability stage and never reached the NIW prongs; AAO flagged an unresolved inconsistency (simultaneously working as sales manager and CEO/founding member of another company) inviting future evidentiary resolution under Matter of Ho, though this did not independently drive the outcome.
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)
- 8 C.F.R. 204.5(k)(3)(ii)
- Kazarian v. USCIS
- Matter of Ho
- Matter of R-A-M-
- Poursina v. USCIS
Cases in adjacent profiles
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- The petitioner proposed to establish his own company providing specialized business consultancy, auditing, and training
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- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution