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, an information security analyst, sought to work in her field in the United States, citing industry shortage of professionals with her profile.
Field: information security · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish eligibility as either an advanced degree professional (foreign degree found equivalent only to vocational/specialized high school, and MBA course not equivalent to a master's degree) or as an individual of exceptional ability (waived on appeal by not contesting Director's finding of only two of three criteria met).
How the evidence was treated
- degree · discounted
“the diploma represents attainment of a level of education comparable to completion of a vocational or other specialized high school curriculum”
AAO decision text - resume experience · discounted
“the regulation at 8 C.F.R. § 204.5(k)(2) does not provide for a substitution of training or experience to be considered as the equivalent of a bachelor's degree”
AAO decision text - business plan · ignored
- recommendation letter · ignored
- other · discounted
“the credibility of the credential evaluation is in question, we conclude that it holds little probative value”
AAO decision text
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Notable
AAO dismissed at the threshold EB-2 eligibility stage (advanced degree and exceptional ability criteria) without ever reaching the Dhanasar NIW prongs, expressly reserving opinion on the Dhanasar analysis citing INS v. Bagamasbad and Matter of L-A-C-. Foreign credential evaluation was found contradicted by the underlying diploma and transcripts, showing only 3 years of study equivalent to a vocational/specialized high school credential rather than a bachelor's degree.
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-
- Matter of R-A-M-
Cases in adjacent profiles
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- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
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