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 nurse, sought to operate a nursing home facility in the United States as an individual of exceptional ability seeking a national interest waiver.
Field: nursing · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish exceptional ability: employment letters did not corroborate 10 years full-time experience, professional association memberships did not qualify as 'professional' associations, and overall evidence did not show a degree of expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- resume experience · discounted
“only two of these letters describe his job duties and affirm his full-time employment”
AAO decision text - certification membership · discounted
“it does not include evidence showing that membership requires at least a bachelor's degree or its foreign equivalent”
AAO decision text - recommendation letter · discounted
“they do not detail any qualities he has exhibited that are considered exceptional in his field”
AAO decision text - degree · discounted
“does not demonstrate 'educational achievements' or 'professional accomplishments' beyond those normally expected of a nurse”
AAO decision text
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Notable
AAO found the threshold exceptional-ability determination dispositive and expressly reserved the national interest waiver (Dhanasar) analysis, citing INS v. Bagamasbad and Matter of L-A-C- for declining to reach unnecessary issues. AAO partially disagreed with the Director's findings (withdrawing conclusions on the experience and membership criteria) but still affirmed the ultimate denial based on the final merits determination.
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. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Flores v. Garland
- Matter of Izummi
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
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