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.
A software engineer who developed a CRM-type sales/business automation platform sought to continue his work in the U.S. software engineering industry, though the specific NIW endeavor was never substantively reached by the AAO.
Field: software engineering · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner abandoned his advanced-degree claim on appeal (deemed waived) and, as an alternative basis, failed to establish exceptional ability because he met only two of the three criteria found by the Director (academic record and ten years' experience); AAO withdrew the Director's finding on professional association membership and found the salary and recognition/significant-contributions criteria unmet, leaving him short of the three required criteria.
How the evidence was treated
- recommendation letter · discounted
“he did not elaborate and sufficiently explain how the Petitioner's salary reflects exceptional ability besides repeating the language of the regulation”
AAO decision text - certification membership · discounted
“the Petitioner did not sufficiently establish that Agile Alliance qualifies as a professional association”
AAO decision text - resume experience · discounted
“they do not explain how his contributions rise to the level of significant consistent with this regulation”
AAO decision text
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Notable
This is an NIW petition but the AAO never reached the Dhanasar three-prong analysis at all, expressly reserving it because the Petitioner first failed to establish underlying EB-2 eligibility (advanced degree waived on appeal; exceptional ability found unmet at only two of three required regulatory criteria, with the Director's membership finding withdrawn by AAO). All three failure bases were treated as independent, alternate grounds for dismissal.
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.
- Matter of L-A-C-
- Poursina v. USCIS
- USCIS Policy Manual F.5(B)(2)
What this case teaches
Analyst reading of the decision text.
Petitioner failed to satisfy three of six exceptional-ability regulatory criteria (salary, professional membership, recognition/significant contributions), so USCIS never reached the NIW Dhanasar analysis at all.
Before addressing NIW prongs, ensure underlying EB-2 classification evidence is airtight—salary comparators, credentialed professional membership, and documented significant contributions, not just employer praise.
vague
person_focused
Cases in adjacent profiles
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