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.
A Brazilian physiotherapist with decades of private practice and naval service sought to work as a physical therapist in U.S. hospitals.
Field: physical therapy · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO withdrew SCOPS's finding that Petitioner met three of six exceptional-ability criteria, finding she met only two (education, license/certification) and failed experience, membership, remuneration, and recognition criteria; alternatively, even under a final merits determination the totality of evidence did not show expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- resume experience · discounted
“the letter does not meet the requirements of 8 C.F.R. § 204.5(g)(1) as it does not contain a specific description of the duties performed”
AAO decision text - certification membership · discounted
“the record does not contain documents describing the requirements for membership in the association”
AAO decision text - degree · discounted
“the Petitioner's documented academic record and documented experience do not demonstrate a degree of expertise significantly above that ordinarily encountered”
AAO decision text - recommendation letter · discounted
“the letters do not explain how this research is relevant to the field of physical therapy and whether the Petitioner was recognized”
AAO decision text - citations publications · discounted
“the articles are only a few paragraphs long, do not contain any citations to research, and do not discuss any personal research”
AAO decision text
All 7 evidence items
- awards · discounted
“her recognition by the Navy does not support her significant contributions to her field of physiotherapy”
AAO decision text - other · discounted
“the record does not contain evidence of her monthly salary”
AAO decision text
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Notable
The case was resolved entirely at the threshold exceptional-ability step; the AAO withdrew several of SCOPS's favorable criteria findings (experience, membership) even while affirming the ultimate denial, then conducted a final merits determination without ever reaching the Dhanasar NIW prongs. The AAO relied on AACRAO EDGE database and DOL Occupational Outlook Handbook to assess foreign credential and field-standard educational requirements.
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)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(iii)
- Flores v. Garland
- Matter of O-R-E-
- Matter of R-A-M-
- USCIS Policy Manual F.5(B)(2)
What this case teaches
Analyst reading of the decision text.
Petitioner failed to establish underlying EB-2 exceptional-ability eligibility: only two of six regulatory criteria were satisfied and final merits review showed no expertise significantly above the field, making NIW analysis moot.
Secure eligibility for the underlying EB-2 classification (three properly documented criteria plus genuine final-merits distinction) before any NIW argument can be reached.
vague
person_focused
Cases in adjacent profiles
- The Petitioner, a pharmacist, proposed to work in the United States through her own company providing pharmaceutical reg
- The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
- The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
- 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