NIW Bearings
dismissedJAN102024_07B52032024-01-10 · appeal · Texas Service Center

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

Cases in adjacent profiles