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 nurse with a foreign bachelor's degree in nursing, sought to work in the United States as a nurse practitioner, offering expertise to clinics and hospitals to improve patient care and resource management.
Field: nursing · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner established the foreign equivalent of a U.S. bachelor's degree in nursing but failed to show five years of progressive post-baccalaureate experience specifically as a nurse practitioner; her documented experience was as a nurse, assistant nurse, and technical manager, and some supporting letters post-dated the filing date and were excluded under Matter of Katigbak.
How the evidence was treated
- degree · credited
- resume experience · discounted
“Her job duties for these positions do not indicate she has experience for her intended specialty, nurse practitioner”
AAO decision text - recommendation letter · discounted
“Much of the initial supporting evidence...support the Petitioner's statement that she intends to work as a nurse.”
AAO decision text
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Notable
AAO found the petition's description of the proposed endeavor inconsistent across filings (nurse vs. nurse practitioner) and excluded post-filing-date employment letters under the Matter of Katigbak eligibility-at-time-of-filing rule; because the threshold EB-2 classification was not met, the AAO expressly declined to reach the Dhanasar three-prong analysis, citing INS v. Bagamasbad and Matter of L-A-C-.
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. 103.2(b)(1)
- 8 C.F.R. 103.2(b)(12)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
- Matter of Katigbak
- Matter of L-A-C-
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