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 proposed to work as a computer systems analyst, providing SAP implementation services to mid-size U.S. businesses through his own consultancy.
Field: computer systems analysis / SAP implementation · Read the decision (uscis.gov)
EB-2 threshold — not met
The Director concluded the Petitioner met only two of the three required evidentiary criteria under 8 C.F.R. 204.5(h)(3) for exceptional ability, despite claiming five; AAO affirmed this finding as dispositive and did not reach the NIW prongs.
How the evidence was treated
- motion resubmission · discounted
“he repeats his RFE response regarding these three criteria word for word, and submits copies of the same evidence”
AAO decision text
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Notable
Although the Director found the proposed endeavor of substantial merit under Dhanasar, the AAO declined to reach the NIW prongs because the threshold exceptional-ability finding was dispositive of the appeal, citing INS v. Bagamasbad and Matter of L-A-C- for declining to make advisory findings on unnecessary issues.
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
- Chen v. INS
- Matter of L-A-C-
Cases in adjacent profiles
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- The petitioner proposed to establish his own company providing specialized business consultancy, auditing, and training
- The petitioner proposed to work as a consultant engineer through his own company, specializing in development projects t
- 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