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 operate her own tourism business in the United States, providing vacation planning and related services, building on prior business-management experience in Brazil.
Field: tourism business management · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner established the foreign equivalent of a U.S. bachelor's degree but failed to show at least five years of progressive post-baccalaureate experience in the specialty (tourism/business management); also failed to show the occupation qualifies as a profession requiring a bachelor's degree for entry.
How the evidence was treated
- degree · credited
- other · discounted
“the credibility of the credential evaluation is in question, we conclude that it holds little probative value”
AAO decision text - resume experience · discounted
“do not provide specific information concerning her position, such as specific duties and dates of employment”
AAO decision text - recommendation letter · discounted
“do not describe specific employment experience or timeframes to demonstrate at least five years of progressive experience”
AAO decision text - motion resubmission · discounted
“without more, this material does not sufficiently demonstrate that the Petitioner has at least three years”
AAO decision text
All 6 evidence items
- business plan · discounted
“the letters are not accompanied by probative evidence sufficient to demonstrate when the Petitioner operated the company”
AAO decision text
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Notable
AAO dismissed entirely on threshold EB-2 grounds (failure to show five years progressive post-baccalaureate experience and failure to show the occupation is a profession), expressly declining to reach the Dhanasar three-prong analysis. AAO also independently consulted the AACRAO EDGE database to confirm degree equivalency despite discounting petitioner's own credential evaluation.
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. 204.5(g)(1)
- 8 C.F.R. 204.5(k)(2)
- Matter of Caron Int'l
- Matter of L-A-C-
- Poursina v. USCIS
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