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 decision does not describe the Petitioner's proposed endeavor, as the case was resolved entirely on threshold EB-2 classification eligibility without reaching the national interest waiver analysis.
Field: human resources management / logistics · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner held only an associate's degree and did not qualify as an advanced-degree professional; she did not timely claim or establish eligibility as an individual of exceptional ability, raising specific regulatory criteria for the first time on appeal.
How the evidence was treated
- degree · discounted
“the Petitioner did not demonstrate her receipt of an associate's degree qualified her as a member of the professions holding an advanced degree”
AAO decision text - resume experience · discounted
“the Petitioner does not argue how the evidence establishes her degree of expertise significantly above that ordinarily encountered”
AAO decision text
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Notable
The AAO did not reach the national interest waiver analysis at all because the Petitioner failed the threshold EB-2 classification requirement (neither advanced-degree professional nor exceptional ability). The AAO declined to consider exceptional-ability criteria arguments raised for the first time on appeal, citing a Supreme Court footnote (Vullo) for the waiver-of-unraised-issues principle rather than typical immigration precedent.
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. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Chen v. INS
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp