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 lawyer, proposed to establish and serve as CEO of an environmental consulting company providing environmental law advice and environmental, social, and governance (ESG) solutions.
Field: environmental law / environmental consulting · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner not an advanced degree professional because her law degree did not align with a CEO role; AAO reversed, holding she is a lawyer/member of the professions, holds a qualifying advanced degree (LLM equivalent), and her CEO role substantially involves environmental law, which requires an advanced degree.
How the evidence was treated
- business plan · credited
- degree · credited
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Notable
The AAO withdrew the Director's threshold EB-2 denial, taking administrative notice that the occupation of lawyer in the United States requires an advanced degree, and remanded solely for the Director to conduct the Dhanasar national-interest-waiver analysis in the first instance, which had not yet been reached.
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)
- INA 203(b)(2)
What this case teaches
Analyst reading of the decision text.
Director erroneously found Petitioner's law degree/CEO role mismatched; AAO held lawyer status plus master's in law plus environmental-law-focused CEO role satisfies advanced degree professional classification, requiring remand for Dhanasar analysis.
Tie an advanced degree explicitly to the substantive duties of the proposed role (e.g., legal expertise within a CEO position) to satisfy the professional classification threshold before NIW merits are reached.
moderate
mixed
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