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 entrepreneur, sought EB-2 classification and a national interest waiver, though the specific endeavor is not described in this motion decision.
EB-2 threshold — not met
The Petitioner failed to establish completion of a Master of Science degree with an official academic record (diploma or transcript) and did not overcome concerns about the U.S. equivalency of his foreign degree.
How the evidence was treated
- degree · discounted
“the record does not reflect that these documents are official academic records”
AAO decision text - recommendation letter · discounted
- motion resubmission · discounted
“The documents submitted do not overcome the deficiencies in the evidence discussed in our prior decision.”
AAO decision text
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Notable
This decision concerns a second motion to reopen following a dismissed appeal and a dismissed prior motion to reopen. The AAO's analysis focuses entirely on threshold EB-2 eligibility (advanced degree requirement via official academic records), never reaching the NIW prongs. The specific nature of the petitioner's entrepreneurial endeavor is redacted/not discussed in this narrow procedural 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. 103.5
- Matter of Coelho
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