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 sought an EB-2 national interest waiver based on exceptional ability, but the specific proposed endeavor is not described in this decision, which focused entirely on threshold eligibility deficiencies.
EB-2 threshold — not met
Petitioner failed to establish eligibility as an advanced degree professional (no evidence of U.S. bachelor's degree or foreign equivalent, and thus no qualifying post-baccalaureate experience) and failed to meet any of the six exceptional ability criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F). The motion did not demonstrate the prior decision was in error on either ground.
How the evidence was treated
- degree · discounted
“the Petitioner has not submitted '[a]n official academic record showing that [he] has a United States baccalaureate degree or a foreign equivalent degree.'”
AAO decision text - resume experience · discounted
“without evidence of such a degree, we cannot conclude that any of the Petitioner's experience qualifies as 'post-baccalaureate.'”
AAO decision text - motion resubmission · discounted
“the Petitioner did not provide 'any new documentary evidence' or 'address the lack of specific arguments on appeal' regarding the claimed criteria.”
AAO decision text
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Notable
This is the third AAO proceeding (original appeal dismissed, then combined motion dismissed, now a second motion to reconsider dismissed). The Petitioner argued that 'a diploma does not define someone's ability' and incorrectly claimed ten years of professional experience could satisfy the advanced degree requirement; the AAO explicitly rejected this by contrasting the EB-2 regulations with the H-1B equivalency provisions, which do allow experience substitution. The NIW Dhanasar analysis was never reached because threshold EB-2 eligibility was never established. The advanced degree professional claim was raised for the first time on appeal (noted in footnote 4).
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp