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 consultant with a background in industrial engineering, sought EB-2 classification and a national interest waiver, though the specific proposed endeavor was not reached by the AAO.
Field: industrial engineering · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish advanced degree professional status; lacked academic record for her degree and submitted inconsistent employment letters regarding five years of progressive experience.
How the evidence was treated
- degree · discounted
“she did not provide an academic record for her degree in industrial engineering”
AAO decision text - resume experience · discounted
“The Petitioner should resolve the inconsistency in any subsequent filings.”
AAO decision text - other · discounted
“the advisory opinion is of little probative value as it summarily concludes...without any analysis or explanation”
AAO decision text
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Notable
AAO found threshold EB-2 advanced-degree eligibility dispositive and expressly declined to reach the Dhanasar NIW prongs, citing Bagamasbad and Matter of L-A-C- for the proposition that agencies need not make advisory findings on unnecessary issues. Also flagged an unresolved discrepancy in the petitioner's employment dates/title between her CV and an employer letter.
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. 103.3
- 8 C.F.R. 204.5(k)(2)
- Matter of Ho
- Matter of L-A-C-
Cases in adjacent profiles
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- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution