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 general and operations manager and entrepreneur, sought to work in the sale and marketing of medical devices in the United States.
Field: sales and marketing of medical devices · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner satisfied only the experience criterion of the six exceptional-ability categories at 8 C.F.R. 204.5(k)(3)(ii); membership and recognition-for-achievements criteria were not met, so exceptional ability was not established.
How the evidence was treated
- certification membership · discounted
“the Petitioner provides no new evidence demonstrating that he maintained his membership from the time of filing through adjudication”
AAO decision text - recommendation letter · discounted
“most of the writers are former clients or business associates of the Petitioner, not his peers”
AAO decision text
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Notable
Threshold exceptional-ability determination was dispositive; AAO expressly declined to reach the Dhanasar national-interest-waiver prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that agencies need not 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. 103.2(b)(1)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Matter of L-A-C-
- Poursina v. USCIS
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