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 logistics manager consultant, sought to open her own pharmaceutical logistics consulting company, offering consulting services to small and medium businesses and training to emerging professionals.
Field: pharmaceutical logistics consulting · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO withdrew the Director's favorable finding, concluding the Petitioner's associate's degrees and unverified Brazilian MBA certificate did not establish an advanced degree, and that she met fewer than three of the six exceptional-ability criteria (lacking sufficient evidence of ten years' experience, licensure/certification, and salary comparison).
Prong 1 — national importancenot established · dispositive
“The Petitioner's knowledge, skills, and experience in the field, however, relate to the second prong of the Dhanasar framework, which "shifts the focus from the proposed endeavor to the foreign national."”
“The businesses who would receive consulting services, or the individuals receiving training, may certainly find the Petitioner's services valuable; however, more is required for a national interest waiver.”
“the Petitioner has not demonstrated that her proposed staffing levels reflect a "significant potential to employ U.S. workers or [have] other substantial positive economic effects, particularly in an economically depressed area."”
AAO decision text
How the evidence was treated
- business plan · discounted
“more is required for a national interest waiver”
AAO decision text - recommendation letter · discounted
“speak highly of the Petitioner's work but do not reach conclusions regarding her salary”
AAO decision text - degree · discounted
“she has not demonstrated that she obtained the equivalent of at least a Bachelor's degree in a single course of study”
AAO decision text - resume experience · discounted
“This encapsulates less than ten years of experience”
AAO decision text - certification membership · discounted
“we have not been provided with evidence to conclude that the existence of this document is equivalent to proof that a worker has obtained a license or certification”
AAO decision text
All 6 evidence items
- other · ignored
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
Notable
AAO independently withdrew the Director's favorable EB-2 classification determination (finding neither advanced-degree nor exceptional-ability eligibility established) even though this was not appealed, then separately dismissed on Dhanasar prong one alone, expressly reserving judgment on prongs two and three.
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)
- Flores v. Garland
- Matter of L-A-C-
- USCIS Policy Manual F.5(B)(2)
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