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 sought to provide substance abuse rehabilitation coaching services in the United States, relying on foreign bachelor's degrees in ministerial theology and psychology plus work experience.
Field: substance abuse rehabilitation coaching · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner did not possess a U.S. advanced degree or foreign equivalent, and had not completed five years of progressive post-baccalaureate experience in the specialty as of the filing date; she also failed to provide an advisory degree evaluation establishing her foreign bachelor's degree was equivalent to a U.S. bachelor's degree.
How the evidence was treated
- degree · discounted
“The Director noted the Petitioner did not comply with their request that she provide an advisory education evaluation”
AAO decision text - resume experience · discounted
“a visa petition may not be approved based on speculation of future eligibility or after an individual becomes eligible under a new set of facts”
AAO decision text
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Notable
Threshold classification failure (advanced-degree professional requirement not met at filing) was dispositive; AAO expressly reserved opinion on the Dhanasar NIW prongs, citing Patel v. Garland and Matter of Chen for declining to reach unnecessary issues. AAO also refused to consider the Petitioner's belated claim of eligibility as an individual of exceptional ability first raised on appeal, treating it as an impermissible new classification argument/material change under Matter of Izummi and Matter of M-F-O-, and citing the Supreme Court's Slack Techs., LLC v. Pirani for the proposition that issues raised for the first time on appeal are not properly before the appellate body.
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. 103.2(b)(1)
- Flores v. Garland
- Matter of Izummi
- Matter of Katigbak
- Matter of Y-B-
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