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 operate a consulting business providing services to bars, restaurants, and events, claiming this would generate jobs and spur local and regional investment.
Field: business consulting for bars, restaurants, and events · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner claimed exceptional ability but failed to satisfy at least three of the six regulatory criteria; only the academic record criterion was met, while licensure/certification and professional membership criteria failed. AAO reserved judgment on the achievements/contributions criterion and declined to reach the Dhanasar NIW prongs entirely because the antecedent EB-2 classification was not established.
How the evidence was treated
- degree · credited
- certification membership · discounted
“he did not submit analysis or evidence to establish that this document is a license to practice a profession”
AAO decision text - certification membership · discounted
“he offers no arguments or evidence addressing the requirement that the associations require those on their rolls to be members of a profession”
AAO decision text - other · ignored
“it is unnecessary that we make a decision on this additional ground because he cannot numerically meet the required number of criteria”
AAO decision text
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Notable
This case turns entirely on failure to establish the threshold EB-2 exceptional-ability classification (only 1 of 3 required criteria met plus one waived on appeal); the AAO explicitly declined to reach the Dhanasar NIW prongs at all, reserving all three prongs as unanalyzed. The Petitioner waived one criterion on appeal by merely referring back to prior submissions rather than rebutting the Director's findings, per Matter of Garcia.
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)
- Flores v. Garland
- Kazarian v. USCIS
- Matter of R-A-M-
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