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 general manager and entrepreneur, sought EB-2 classification and a national interest waiver, though the specific nature of her proposed endeavor is not detailed in this decision.
EB-2 threshold — not met
Petitioner did not satisfy any of the six exceptional-ability evidentiary categories and her foreign 'technologist' degrees were not equivalent to a U.S. bachelor's or advanced degree; she waived this issue by not contesting it on appeal.
How the evidence was treated
- degree · discounted
“neither of her Brazilian "technologist" degrees is the foreign equivalent of a U.S. bachelor's or advanced degree”
AAO decision text - resume experience · discounted
“USCIS will only consider experience in conjunction with a U.S. bachelor's degree or foreign equivalent degree”
AAO decision text
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Notable
AAO dismissed the appeal entirely on threshold EB-2 grounds because the Petitioner failed to contest the Director's underlying EB-2 classification denial (advanced degree/exceptional ability), deeming that issue waived and dispositive; the AAO expressly declined to reach any Dhanasar prong arguments, citing INS v. Bagamasbad and Matter of L-A-C- for declining to address unnecessary alternative issues.
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)
- Matter of L-A-C-
Cases in adjacent profiles
- The Beneficiary proposed to establish an asset investment management and compliance advisory firm in New York offering c
- The Petitioner proposed to develop and commercialize zeolite-based products in the United States, including agricultural
- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers