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 establish and operate a U.S.-based training center offering high-level training services and soccer and lacrosse fields, building on his background running gyms and other businesses in Brazil.
Field: physiotherapy / sports training and fitness business · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish five years of progressive experience in the specialty beyond his bachelor's degree, as required to qualify as an advanced degree professional; letters and documents lacked specific dates and duties.
How the evidence was treated
- resume experience · discounted
“a self-reported resume without corroborating evidence is insufficient for us to conclude that a petitioner has established his experience”
AAO decision text - recommendation letter · discounted
“these letters did not provide specific dates of the businesses with which the Petitioner was involved or describe in detail his duties”
AAO decision text - business plan · ignored
- certification membership · discounted
“the total hours represented on these certificates does not account for at least five years of progressive experience in his specialty”
AAO decision text - other · discounted
“they also do not include specific dates, details, and duties for which the Petitioner was responsible”
AAO decision text
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Notable
The AAO found the threshold advanced-degree classification failure dispositive and expressly declined to reach the Dhanasar NIW prongs at all, citing Bagamasbad and Matter of L-A-C- for the principle that agencies need not address unnecessary issues. The Director's separate exceptional-ability analysis was not reviewed because Petitioner clarified he never sought that classification.
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-
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