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 proposed to work as a medical researcher in the U.S. healthcare and medical industry, and later added a plan to work as a biologist, researcher, and entrepreneur operating an online organic vitamin/supplement company.
Field: biology / medical research · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish she qualifies as an advanced degree professional (inconsistent employment letters/dates and hours contradicting Form ETA 750B, degree deemed equivalent only to a bachelor's, and field mismatch with medical scientist requiring a Ph.D.) or as an individual of exceptional ability (failed to satisfy at least three of six regulatory criteria - salary, membership dates, and peer recognition were all found insufficient).
How the evidence was treated
- resume experience · discounted
“The Petitioner must resolve these inconsistencies with independent, objective evidence pointing to where the truth lies.”
AAO decision text - degree · discounted
“the possession of a degree, diploma, certificate or similar award ... shall not by itself be considered sufficient evidence of exceptional ability.”
AAO decision text - certification membership · discounted
“Without evidence which demonstrates that she was a member at the time of filing, we cannot conclude that she has met this criterion.”
AAO decision text - recommendation letter · discounted
“while the letters are complimentary, they do not sufficiently establish the Petitioner's significant contributions to the field.”
AAO decision text - business plan · discounted
“A petitioner may not make material changes to a petition in an effort to make a deficient petition conform to USCIS requirements.”
AAO decision text
All 6 evidence items
- motion resubmission · ignored
“we need not accept evidence offered for the first time on appeal.”
AAO decision text
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Notable
The Petitioner failed threshold EB-2 eligibility (both advanced-degree professional and exceptional-ability pathways), so the AAO explicitly declined to reach the national interest waiver prongs: 'further analysis of her eligibility for a national interest waiver would serve no meaningful purpose.' The decision also flags an impermissible material change under Matter of Izummi when the Petitioner added an 'entrepreneur' business-plan endeavor at the RFE stage.
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)(12)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of Ho
- Matter of Izummi
- Matter of Katigbak
- Matter of R-A-M-
What this case teaches
Analyst reading of the decision text.
Petitioner failed to establish underlying EB-2 eligibility (advanced degree or exceptional ability) due to inconsistent employment/membership evidence, making NIW analysis unnecessary.
Secure and document the underlying EB-2 classification with consistent, corroborated evidence before litigating NIW prongs; avoid material endeavor changes mid-case.
vague
geographic_or_shortage_area · economic_job_creation
person_focused
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