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 specify the proposed endeavor; the Petitioner's background appears to involve public administration/archival work, and the case focused entirely on threshold classification issues rather than the substance of her proposed U.S. activity.
Field: public administration/archival studies · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner's foreign diploma evaluation was found insufficiently explained to establish U.S. master's degree equivalency, and she did not satisfy at least three of the six exceptional-ability criteria, as her qualifying membership post-dated the petition's filing date.
How the evidence was treated
- degree · discounted
“the USCES evaluation did not adequately explain its conclusion that the Petitioner's foreign diploma is equivalent to a United States degree”
AAO decision text - certification membership · discounted
“the Petitioner's membership post-dates the filing of the petition. Eligibility must be established at the time of filing.”
AAO decision text - recommendation letter · discounted
“the aforementioned letter does not render her eligible for a national interest waiver under the framework set forth in Dhanasar”
AAO decision text - motion resubmission · discounted
“she has not identified any new facts supported by documentary evidence to meet the requirements of a motion to reopen”
AAO decision text
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Notable
This was the Petitioner's eighth motion to reopen after a dismissed appeal and seven prior denied motions. The AAO found, contrary to the Director's original determination, that the Petitioner had never actually established underlying EB-2 eligibility (neither as an advanced degree professional nor as an individual of exceptional ability), rendering the NIW analysis largely moot; the decision references but does not substantively re-analyze the Dhanasar prongs, instead relying on prior decisions' findings.
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)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 204.5(k)(2)
- INA 203(b)(2)
- Matter of Ho
- Poursina v. USCIS
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