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 business administrator with a Brazilian-based business, sought EB-2 classification and a national interest waiver, though the specific endeavor was not substantively discussed due to threshold denial.
Field: business administration · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish five years of progressive post-baccalaureate experience in business administration required for advanced degree professional classification; Articles of Incorporation and client letters were insufficient to document relevant experience.
How the evidence was treated
- degree · discounted
“Without further explanation for this 21-year gap between his courses and his graduation, it is unclear”
AAO decision text - other · discounted
“Simply assigning oneself the title of "managing paiiner" or "administrator" does not explain what relevant experience”
AAO decision text - resume experience · discounted
“The letters do not demonstrate how many days the Petitioner worked within the specified years”
AAO decision text
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Notable
Petitioner explicitly requested AAO not consider exceptional-ability classification, focusing solely on advanced degree professional route; AAO adopted and affirmed the Director's decision per Matter of Burbano rather than conducting independent analysis; threshold EB-2 failure was dispositive, precluding any Dhanasar prong analysis.
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)(3)(ii)
- Chen v. INS
- Matter of L-A-C-
Cases in adjacent profiles
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- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp