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 sought to continue self-described pioneering work in crime victim research and advocacy for international students and for U.S. citizens/LPRs abroad, a field he claims to have originated over 13 years ago.
Field: crime victim research and advocacy for international students and immigrants · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish qualification as either an advanced degree professional (no evidence of accredited advanced degree or five years progressive post-baccalaureate experience via employer letters) or as an individual of exceptional ability (met only one of six regulatory criteria, and did not adequately support a comparable-evidence claim).
How the evidence was treated
- degree · discounted
“the Petitioner has not demonstrated that... is accredited by an organization listed by the U.S. Department of Education as a recognized accrediting agency”
AAO decision text - resume experience · discounted
“his appellate submission does not include evidence from employers to overcome the Director's determination”
AAO decision text - certification membership · discounted
“he does not offer arguments or evidence demonstrating that he meets at least three of the regulatory criteria”
AAO decision text
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Notable
AAO declined to reach the Dhanasar national interest waiver analysis entirely because the underlying EB-2 classification (advanced degree/exceptional ability) was not established, citing Bagamasbad and Matter of L-A-C- for declining unnecessary findings. The Petitioner, appearing to proceed pro se, argued he was exempt from standard evidentiary criteria because he was a 'pioneer' in a field with no trainers or teachers who could write recommendation letters; AAO rejected this as an inadequately supported comparable-evidence claim. AAO also noted in a footnote that Petitioner never submitted Form ETA-750B or the relevant parts of ETA-9089, meaning he had not properly applied for an NIW at all.
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.
- Matter of L-A-C-
- Poursina v. USCIS
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