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, a journeyman power lineman working in Canada, sought to immigrate to the United States as an individual of exceptional ability and obtain a national interest waiver of the job offer requirement to continue work in his trade.
Field: power line work / electrical trades · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner claimed five of six exceptional-ability criteria but the AAO found he met only one (license/certification); certificates were not 'official academic records' from a qualifying institution, salary evidence compared him to non-journeyman positions, and IBEW membership did not qualify as a professional association.
How the evidence was treated
- degree · discounted
“the Petitioner, however, did not establish that the presented doumentation, such as a certificate, represents 'official academic record[s]'”
AAO decision text - certification membership · credited
- certification membership · discounted
“the evidence submitted by the Petitioner does not show that IBEW has a membership body comprised of individuals who have earned a U.S. baccalaureate degree”
AAO decision text - other · discounted
“the Petitioner did not show that he commanded a salary reflective of exceptional ability”
AAO decision text
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Notable
The AAO resolved the appeal entirely on the threshold exceptional-ability classification (finding only 1 of 3 required regulatory criteria satisfied) and expressly declined to reach a final merits determination or any Dhanasar national-interest-waiver analysis, reserving those issues as unnecessary to 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)
- Matter of L-A-C-
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