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 former middle/high school art teacher and painter in China, sought EB-2 classification and a national interest waiver to work in the United States, though the decision does not reach or describe a specific proposed endeavor because eligibility was denied on threshold grounds.
Field: fine arts / printmaking; art education · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish EB-2 eligibility either as an advanced degree professional (insufficient evidence of five years' progressive post-baccalaureate experience, relying on uncorroborated 'Letter of Certificate' documents and a coworker letter rather than obtainable Chinese notarial work experience certificates) or as an individual of exceptional ability (failed to substantiate the 'recognition for achievements and significant contributions' criterion among the three criteria claimed).
How the evidence was treated
- resume experience · discounted
“the referenced letters are insufficient to document at least five years of progressive experience in the specialty as required”
AAO decision text - recommendation letter · ignored
“the Petitioner relied on his claimed employment as an art teacher as the basis for claiming that he has at least five years of progressive experience in the specialty”
AAO decision text - degree · credited
- certification membership · credited
- contract revenue · ignored
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Notable
The AAO expressly declined to reach the national interest waiver prongs because the threshold EB-2 classification failure was dispositive, citing INS v. Bagamasbad and Matter of L-A-C-, but noted in a footnote that the record 'does not appear to show that the Petitioner could overcome' the Director's adverse NIW conclusion either. The decision relies heavily on U.S. Department of State guidance regarding Chinese Notarial Work Experience Certificates (NWECs) to discount the Petitioner's employer-certification letters as insufficient primary/secondary evidence of employment.
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. 103.3
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(iii)
- Flores v. Garland
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
What this case teaches
Analyst reading of the decision text.
Petitioner failed to establish underlying EB-2 eligibility: insufficient/uncorroborated evidence of 5 years progressive experience for advanced degree professional, and failure to meet 3 of 6 exceptional ability criteria (unsupported peer-recognition claim).
Secure verifiable primary employment/education evidence meeting EB-2 threshold criteria before litigating NIW prongs; unsupported certificates and vague recognition claims are dispositive failures.
vague
person_focused
Cases in adjacent profiles
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- The petitioner, a tattoo artist, sought EB-2 classification as an individual of exceptional ability along with a nationa
- The Petitioner, an MMA athlete and trainer, proposed to operate a jiu jitsu company through which he would train and com
- The Petitioner sought to establish an arts education academy in Ohio, with plans to expand to New York and Michigan, off
- The Petitioner, an art curator, proposed to establish a nonprofit cultural center/platform focused on exhibitions, oral