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 violinist, concertmaster, and music instructor, sought to continue working as an orchestral musician and trainer of young musicians in the United States.
Field: orchestral music (violin performance and instruction) · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner did not establish membership in the professions holding an advanced degree and did not meet at least three of the six regulatory criteria for exceptional ability (only the recognition-for-achievements criterion was substantively analyzed and rejected, along with employer-experience and professional-membership criteria that the Director had erroneously found met); comparable evidence was also rejected as improperly invoked.
How the evidence was treated
- resume experience · discounted
“it does not provide any description of her duties or indicate how many hours she worked per week”
AAO decision text - certification membership · discounted
“These organizations do not appear to be professional organizations.”
AAO decision text - recommendation letter · discounted
“they do not establish that she has made significant contributions to the field”
AAO decision text - other · discounted
“General assertions that any of the six objective criteria do not readily apply to her occupation are not sufficient.”
AAO decision text
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Notable
The AAO withdrew two of the Director's favorable findings (employer-experience and professional-membership criteria), finding the Petitioner met none of the six exceptional-ability criteria, and expressly declined to reach the Dhanasar national-interest-waiver prongs because the threshold EB-2 failure was independently dispositive.
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(g)(1)
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
- Kazarian v. USCIS
- Matter of Katigbak
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
What this case teaches
Analyst reading of the decision text.
Petitioner failed underlying EB-2 exceptional ability classification: did not meet 3 of 6 criteria (employer letters lacked duty/hours detail, associations weren't professional, recognition letters showed talent not significant contributions), so NIW analysis was never reached.
Secure the underlying EB-2 classification first with regulation-compliant documentary proof (detailed employer letters, true professional memberships, contribution evidence) before NIW merits are even considered.
vague
person_focused
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