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 veterinary dentist specializing in wildlife veterinary care, sought to work as a veterinary dentist in the United States.
Field: veterinary dentistry · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish eligibility as an advanced degree professional because she did not hold a U.S. doctorate or foreign equivalent degree customary for her specialty, and failed to establish exceptional ability because, although she met three of the six regulatory criteria, the final merits determination found she did not show a degree of expertise significantly above that ordinarily encountered in her field.
How the evidence was treated
- degree · discounted
“the Petitioner has not provided evidence she holds a U.S. doctoral or foreign equivalent degree, a requirement customary for her specialty”
AAO decision text - certification membership · discounted
“the evidence falls short of establishing that she has distinguished herself from others in the field, demonstrating exceptional ability”
AAO decision text - resume experience · discounted
“while the Petitioner possesses the necessary experience for the duties of the proposed endeavor, the evidence falls short of establishing that she has distinguished herself from others in the field”
AAO decision text - motion resubmission · discounted
“the Petitioner reiterates the same arguments and resubmits previously submitted documents to demonstrate her eligibility”
AAO decision text
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Notable
The AAO found the threshold EB-2 classification requirement dispositive (failing both the advanced-degree and exceptional-ability pathways) and expressly declined to reach the Dhanasar national-interest-waiver prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that adjudicators need not decide unnecessary issues; the AAO also adopted and affirmed the Director's final merits determination under Matter of Burbano.
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(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- 8 C.F.R. 204.5(k)(3)(iii)
- Chen v. INS
- Kazarian v. USCIS
- Matter of L-A-C-
Cases in adjacent profiles
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- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his