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, claiming exceptional ability in the arts (embroidery), sought EB-2 classification and a national interest waiver, submitting two books she claimed to have authored as evidence of her expertise.
Field: embroidery / arts · Read the decision (uscis.gov)
How the evidence was treated
- other · discounted
“further research did not corroborate the Petitioner's claimed authorship of this book”
AAO decision text
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Notable
The AAO did not reach the merits of the NIW petition. After issuing a NOID based on findings that the Petitioner's two purportedly self-authored books were plagiarized from other authors' published articles, the Petitioner withdrew the appeal without rebuttal. The AAO nonetheless entered a formal finding of willful misrepresentation of a material fact (relevant to future inadmissibility under section 212(a)(6)(C)) despite dismissing the appeal solely on the basis of the withdrawal, noting that had the appeal not been withdrawn it would have dismissed on the merits due to the fabricated evidence.
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)
- Matter of Ho
- Poursina v. USCIS
Cases in adjacent profiles
- The Petitioner, a musician and music educator, proposed to advance music education in the United States by opening a pia
- 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