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 decision does not describe the Petitioner's specific proposed endeavor; the record instead centers on whether her foreign accounting credentials and work experience are equivalent to a U.S. bachelor's degree plus five years of progressive experience.
Field: accounting · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO found the Petitioner did not establish her foreign diplomas equate to a U.S. bachelor's degree (each required less than four years of study) and that the record did not clarify whether her seven years of work were truly post-baccalaureate; this threshold failure was dispositive and the NIW prongs were never reached.
How the evidence was treated
- degree · discounted
“the Petitioner did not show how either diploma is the equivalent to the four years of study generally required for a U.S. bachelor's degree”
AAO decision text - resume experience · discounted
“it is not clear whether the Petitioner's seven years of work are in fact years of "post-baccalaureate" work as noted by the evaluator”
AAO decision text - other · discounted
“where an opinion is not in accord with other information or is any way questionable, we may discount or give less weight to that evaluation”
AAO decision text - motion resubmission · discounted
“the Petitioner has not presented new facts that overcomes our prior decision to dismiss the appeal”
AAO decision text
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Notable
The case turned entirely on the threshold advanced-degree-equivalency issue (foreign diplomas plus post-baccalaureate experience); the NIW prongs were never analyzed. A footnote notes the Petitioner waived any exceptional-ability classification claim on motion, citing Matter of O-R-E- and Matter of R-A-M-.
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. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- 8 C.F.R. 204.5(k)(2)
- Matter of Coelho
- Matter of O-R-E-
- Matter of O-S-G-
- Matter of R-A-M-
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- 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