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, an entrepreneur and swim instructor, sought to continue working in swim instruction and related swimming business activities in the United States.
Field: swim instruction · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish exceptional ability, meeting only one of six required criteria (academic record); did not meet 10-year experience, license/certification, salary, professional membership, or recognition criteria. Advanced-degree professional basis was waived on appeal as unaddressed.
How the evidence was treated
- degree · credited
- resume experience · discounted
“the record does not show at least ten years of full-time experience”
AAO decision text - certification membership · discounted
“the record does not establish the occupation... requires a U.S. bachelor's degree or foreign equivalent”
AAO decision text - recommendation letter · discounted
“they do not show significant contributions made to the industry”
AAO decision text - awards · discounted
“it remains unclear how this title demonstrates the Petitioner has been recognized for achievements and significant contributions to the industry”
AAO decision text
All 6 evidence items
- other · ignored
“we will not consider the submitted comparable evidence”
AAO decision text
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
AAO expressly declined to reach the Dhanasar three-prong analysis because threshold EB-2 exceptional-ability eligibility was not established, citing Bagamasbad and Matter of L-A-C- for declining advisory findings; petitioner's claim to meet all three Dhanasar prongs was noted but not addressed. Petitioner waived several issues by not contesting them on appeal (advanced degree relatedness, 10-year experience, license/certification, salary criteria).
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)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Flores v. Garland
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp