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 human resources specialist, proposed to establish a firm in the United States to provide human resources services to other U.S. companies.
Field: human resources · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner did not establish five years of progressive post-baccalaureate experience in her specialty; a new letter submitted on appeal was not from a former employer and described duties inconsistent with human resources work, undermining her claim.
How the evidence was treated
- resume experience · discounted
“the duties described by Mr. d-S-C- do not conform with the those of a human resources specialist”
AAO decision text - recommendation letter · discounted
“this letter is not from the Petitioner's former employer, and as such it has reduced probative value”
AAO decision text
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Notable
AAO found the Director erred in not flagging all deficiencies in the RFE per 8 C.F.R. 103.2(b)(8)(iv) and USCIS Policy Manual E.6(F)(3), and so reviewed new evidence submitted on appeal despite the general rule against considering evidence offered for the first time on appeal (citing Matter of Soriano and Matter of Obaigbena). The AAO expressly declined to reach the Dhanasar prongs, citing INS v. Bagamasbad, because the threshold EB-2 advanced-degree failure was dispositive.
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(g)(1)
- 8 C.F.R. 204.5(k)(2)
- Matter of Ho
- Poursina v. USCIS
Cases in adjacent profiles
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- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution