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 managing partner of an oral health franchise company in Brazil, proposed to serve as CEO of a dental services company operating clinics in the United States.
Field: dental services / odontology franchising · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish five years of progressive post-baccalaureate experience in his specialty because he did not submit an employer letter regarding his current self-employed position, submitted conflicting descriptions of his role, and did not show the position or industry normally requires an advanced degree; letters from other individuals were also insufficiently detailed or unrelated to progressive experience.
How the evidence was treated
- resume experience · discounted
“Without such evidence of the Petitioner's specific professional position, we are unable to assess whether his work with ________,demonstrates progressive experience”
AAO decision text - recommendation letter · discounted
“do not, however, discuss any of the Petitioner's prior professional experience or otherwise indicate how his work with ___ constitutes progression in his specialty”
AAO decision text - degree · credited
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
The AAO found the threshold EB-2 advanced-degree requirement dispositive and expressly declined to reach the national interest waiver prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that agencies need not decide unnecessary issues.
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)
- Matter of L-A-C-
Cases in adjacent profiles
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- The Petitioner proposed to operate a medical billing and healthcare revenue cycle management firm in the United States,
- The Petitioner proposed to establish and lead as CEO a cybersecurity and crisis management company in Florida, offering
- The Petitioner proposed to establish and operate an IT consultancy company in Michigan providing cloud migration, cybers