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 art, drama, and music teacher/entrepreneur, sought EB-2 classification as an individual of exceptional ability with a national interest waiver, though the specific endeavor is not described in the decision.
Field: art, drama, and music education/entrepreneurship · Read the decision (uscis.gov)
EB-2 threshold — not met
SCOPS found the Petitioner did not meet three of the six required initial criteria for exceptional ability, and the Petitioner did not contest this finding on appeal, waiving the issue.
How the evidence was treated
- motion resubmission · discounted
“does not explain how the evidence shows an erroneous conclusion of law or statement of fact”
AAO decision text
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Notable
SCOPS denied the underlying EB-2 exceptional ability classification for failing 3 of 6 criteria, and thus declined to reach the NIW question. On appeal, the Petitioner argued only NIW eligibility and did not contest the underlying classification finding, so the AAO deemed that issue waived and dismissed the appeal without reaching any of the three Dhanasar prongs, citing INS v. Bagamasbad to reserve those arguments as unnecessary to the decision.
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. 103.5
- Matter of O-R-E-
- Matter of R-A-M-
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
- The Petitioner, an assistant professor of Arabic, proposed to continue teaching Levantine-Modern Standard Arabic to U.S.
- The Petitioner, a secondary school teacher, proposed to develop and implement an open educational resource program to ex
- The Petitioner proposed to establish a consulting company in Missouri to design and implement a nationally adaptable tea
- The Petitioner, an arts, drama, and music teacher and entrepreneur, sought EB-2 classification as an individual of excep
- The petitioner, a mathematics teacher with 17 years of experience, proposed to operate a company offering online math tu