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 chief executive officer and capoeira coach, sought to continue teaching and leading capoeira instruction and related activities in the United States.
Field: capoeira instruction/coaching · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO found the petitioner failed to meet any of the six exceptional-ability criteria at 8 C.F.R. 204.5(k)(3)(ii), including withdrawing the Director's favorable finding on the professional-association criterion, and thus could not satisfy even the initial three-criteria threshold for exceptional ability classification.
How the evidence was treated
- degree · discounted
“The evidence did not adequately establish how the certificates the Petitioner submitted were on level terms with degrees, diplomas, certificates or similar awards”
AAO decision text - resume experience · discounted
“The letter does not sufficiently describe the duties the Petitioner carried out in their capoeira teacher position.”
AAO decision text - certification membership · discounted
“The Espirito Santo State Capoeira Federation is not a professional association.”
AAO decision text - recommendation letter · discounted
“these statements are not supported by any evidence in the record which reflects that these are noteworthy as achievements and significant contributions”
AAO decision text
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Notable
AAO dismissed the appeal solely on threshold exceptional-ability grounds, expressly reserving/declining to reach the Dhanasar national interest waiver analysis (all three prongs) as unnecessary. The AAO also withdrew the Director's favorable finding on the professional-membership criterion, finding the Petitioner met zero of six exceptional-ability criteria rather than the two the Director had credited.
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
- Flores v. Garland
- Matter of L-A-C-
- Matter of Y-B-
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