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.
A Brazilian gospel singer sought to continue her singing career in the United States, seeking classification as an individual of exceptional ability with a national interest waiver.
Field: gospel singing · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner did not establish eligibility as an advanced degree professional (undisputed) or as an individual of exceptional ability, failing to meet at least three of six regulatory criteria at 8 C.F.R. 204.5(k)(3)(ii), including insufficient evidence of ten years of full-time experience, inability to evaluate remuneration/salary criterion, and conclusory recognition letters.
How the evidence was treated
- resume experience · discounted
“does not contain specific detail to establish the Petitioner has full-time experience in the occupation”
AAO decision text - recommendation letter · discounted
“provide general discussion of the Petitioner's career successes and skills and professional relationships”
AAO decision text - other · discounted
“failed to provide evidence showing how her spiritual rewards qualify under this criterion”
AAO decision text - motion resubmission · ignored
“did not submit any additional evidence to overcome the Director's concerns”
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
Petitioner failed to file a brief despite indicating one would follow, submitting only a cover letter; the AAO adopted and affirmed the Director's decision on threshold exceptional-ability eligibility and expressly declined to reach the Dhanasar NIW framework as unnecessary, though it noted it reviewed the evidence and agreed the NIW record was also insufficient. Petitioner argued 'spiritual rewards' and honor of headlining events should count as remuneration, which the AAO rejected for lack of comparative evidence.
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(g)(1)
- 8 C.F.R. 204.5(k)(3)(ii)
- Chen v. INS
- Matter of L-A-C-
- Matter of Otiende
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