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 general and operations manager with a background in fashion, retail purchasing, and merchandising, sought EB-2 classification and a national interest waiver to continue working in business management in the United States.
Field: business management/retail purchasing and merchandising · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish qualification as an advanced degree professional: her academic evaluation (A-W-) was discredited due to discrepancies with her actual educational records (mischaracterized teaching certificate as a Brazilian master's degree; unexplained gaps/exemptions in her baccalaureate transcript), and her employment letters established at most under one year of qualifying post-baccalaureate work experience in business management rather than the required five years, with several letters failing to meet regulatory requirements (not from the employer, not describing duties, or documenting non-qualifying teaching work).
How the evidence was treated
- degree · discounted
“A-W-'s letter is not in accord with the Petitioner's educational records.”
AAO decision text - resume experience · discounted
“does not meet the requirements at 8 C.F.R. § 204.5(g)(1)”
AAO decision text - certification membership · discounted
“are not applicable to her eligibility for classification as an advanced degree professional.”
AAO decision text - recommendation letter · discounted
“there is no indication that A-L- wrote the letter on behalf of the employing entity”
AAO decision text
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Notable
This is the second AAO decision in the same case: the AAO had previously remanded because the Director had not fully addressed threshold EB-2 eligibility. On the second appeal, the AAO dismissed on threshold grounds without reaching the NIW prongs, reserving that issue as unnecessary to the disposition. The decision includes an unusually detailed forensic analysis of the Petitioner's Brazilian academic transcript (grading codes 'aprovado'/'dispensado') and EDGE country-credential data to find discrepancies undermining the equivalency evaluation, and notes new concerns (e.g., an expired Florida real estate license, unexplained transcript gaps) that had not been raised by the Director, giving the Petitioner notice to address them in future filings.
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)
- Matter of Ho
- Matter of L-A-C-
- Matter of O-R-E-
- USCIS Policy Manual F.5(B)(2)
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