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 aerospace engineer with a Bachelor of Engineering degree, sought classification as an advanced degree professional with a national interest waiver, but the specifics of his proposed endeavor were not substantively addressed because he failed the threshold degree requirement.
Field: aerospace engineering · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner holds only a Bachelor of Engineering in Aerospace Manufacturing Engineering and did not establish possession of an advanced degree or five years of progressive post-baccalaureate experience as of the filing date; he did not claim exceptional ability.
How the evidence was treated
- degree · discounted
“As the Petitioner has not established that he held an advanced degree as of the date of filing, the petition cannot be approved.”
AAO decision text
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Notable
The threshold advanced-degree requirement was dispositive; the AAO never reached the national interest waiver prongs, though it noted in dicta that the record 'in the aggregate' supported the Director's finding on that issue. Petitioner unsuccessfully argued the degree requirement should be lowered to a secondary school certificate and that the petition should be approved based on his relationship to a U.S. citizen (a material change in classification), and separately argued the Director erred by not issuing an RFE (rejected because an RFE had in fact been issued and answered).
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. 204.5(k)(2)
- Matter of Izummi
- Matter of Otiende
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
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod