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 artisanal silk weaver claiming exceptional ability, sought to create, display, and sell silk fabrics and crafts in the United States.
Field: artisanal silk weaving · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO did not itself resolve threshold eligibility; it instructed the Director on remand to evaluate whether the Petitioner's economics degree relates to his claimed area of exceptional ability, whether conflicting timeframes undermine his claim of ten years' progressive experience, and whether his membership association qualifies as a professional one requiring a bachelor's degree, before determining if he meets at least three regulatory criteria and possesses expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- media · discounted
“we agree with the Director's analysis regarding this piece of evidence and the Petitioner's NOIR response”
AAO decision text
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Notable
This is primarily a procedural revocation-on-notice case, not a merits denial: the AAO withdrew the Director's revocation decision because it failed to adequately explain how the plagiarized-book evidence affected the Petitioner's eligibility, and remanded with detailed instructions for the Director to re-evaluate threshold exceptional-ability criteria, the Dhanasar NIW prongs, and whether the Petitioner committed a willful material misrepresentation by submitting a plagiarized book as his own authored work.
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. 103.3
- Matter of Ho
What this case teaches
Analyst reading of the decision text.
Director's revocation notice failed to explain how plagiarized book evidence affected eligibility; AAO remanded for a properly explained decision addressing both exceptional-ability criteria and Dhanasar prongs, plus possible material misrepresentation.
Ensure all submitted evidence (e.g., authorship claims) is verifiable and unplagiarized; unresolved authenticity issues can derail merits review entirely, regardless of underlying NIW strength.
vague
mixed
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