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 self-enrichment dance (ballet) teacher and dance academy owner sought an EB-2 national interest waiver to continue teaching and operating her dance business in the United States.
Field: dance / ballet instruction (self-enrichment teacher) · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO withdrew the Director's finding that Petitioner met at least three of six exceptional-ability criteria, concluding she met only one (academic record); the 10-years-experience letter, license/certification, salary, membership, and recognition criteria were all found unsupported, so she did not qualify as an individual of exceptional ability and was ineligible for EB-2 classification or the waiver.
How the evidence was treated
- degree · credited
- resume experience · discounted
“we cannot conclude that the Petitioner has met the required elements of this criterion to establish at least ten years of full-time experience”
AAO decision text - certification membership · discounted
“there is no evidence that being a member of this union is either a license to practice the asserted profession”
AAO decision text - other · discounted
“the catho.com website screenshot does not offer sufficient information or details to verify the applicability and accuracy of the stated salary information”
AAO decision text - recommendation letter · discounted
“these letters and the expert opinion letter do not constitute evidence that the Petitioner has received recognition for achievements and significant contributions”
AAO decision text
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Notable
AAO found the exceptional-ability threshold dispositive and expressly declined to reach any of the three Dhanasar national-interest prongs, citing INS v. Bagamasbad and Matter of L-A-C-. It also rejected the Petitioner's procedural arguments that a Matter of V-S-G- notice-of-revocation analysis or a Matter of Soriano remand applied, since the RFE did not constitute a prior approval and no new evidence was at issue.
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.
- Flores v. Garland
- 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 met only one of six exceptional-ability regulatory criteria (academic training), failing the mandatory three-of-six threshold, making the NIW analysis unnecessary and dispositive against her.
Secure the underlying EB-2 classification first: submit properly formatted, verifiable evidence (e.g., employer letters, valid licenses, reliable salary data) for at least three exceptional-ability criteria before any Dhanasar argument matters.
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