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 proposed to establish and manage a special education business providing services—through professionals in health, education, speech therapy, physiotherapy, psychology, and occupational therapy—to children with learning disabilities.
Field: special education services for children · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner did not establish five years of progressive post-baccalaureate experience in the specialty of special education; her business ownership experience (building maintenance, food supplements/retail) and marketing employment were unrelated to the specialty or predated her degree.
How the evidence was treated
- resume experience · discounted
“they do not show her job duties relate to her indicated specialty”
AAO decision text - certification membership · discounted
“the certificates indicate the Petitioner as an owner and administrator for the businesses, but do not indicate her management”
AAO decision text - recommendation letter · discounted
“they do not show her management of the business”
AAO decision text
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Notable
AAO agreed with Director that threshold EB-2 advanced degree eligibility failed on the experience prong, making it unnecessary to reach the national interest waiver prongs (Dhanasar) at all; Director had found substantial merit met but national importance and prong 3 not met, but AAO did not need to reach that 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. 204.5(k)(2)
- Flores v. Garland
- Matter of L-A-C-
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