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 financial manager, sought EB-2 classification as an advanced-degree professional or individual of exceptional ability, together with a national interest waiver, to continue working in financial management in the United States.
Field: financial management · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner held only a foreign bachelor's degree in administration and did not establish five years of progressive, specialty-related post-baccalaureate experience to equal an advanced degree; he also failed to meet at least three of the six exceptional-ability criteria (education relatedness, years of experience, salary, licensure/certification) under 8 C.F.R. 204.5(k)(3)(ii).
How the evidence was treated
- resume experience · discounted
“The Petitioner's statement describing his job duties is self-serving and does not reflect independent, objective evidence”
AAO decision text - degree · discounted
“does not demonstrate that the Petitioner's course of study in administration is comparable to an education in financial management”
AAO decision text - certification membership · discounted
“the evidence was not valid at the time of filing”
AAO decision text - motion resubmission · discounted
“Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."”
AAO decision text
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Notable
AAO treats the filing as a motion on its own prior appellate dismissal, not on the Director's original denial, per the 'prior decision' limitation in 8 C.F.R. 103.5(a)(1)(i). NIW prongs were never reached because the threshold EB-2 classification failure was dispositive both in the prior appeal and again on motion; footnote 4 recounts the Director's separate NIW findings but AAO expressly reserved them without analysis.
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. 103.5(a)(1)(i)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- Matter of D-R-
- Matter of Ho
- Matter of L-A-C-
- Matter of R-A-M-
- Poursina v. USCIS
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- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
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