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 systems analyst, intended to advance his career in IT by offering IT solutions and services to private and public enterprises in the United States.
Field: systems analysis / IT · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish a single course of study equivalent to a U.S. bachelor's degree (transcript showed 5 semesters, not 4 years) and failed to show 5 years of progressive experience in the specialty following the degree.
How the evidence was treated
- degree · discounted
“the dates listed appear to correlate with semesters rather than one ongoing, year-long course of study”
AAO decision text - certification membership · discounted
“the evaluation letters are of limited assistance in evaluating the Petitioner's educational credentials and we afford them limited weight”
AAO decision text - resume experience · discounted
“these letters do not provide details of the Petitioner's duties and responsibilities”
AAO decision text - recommendation letter · discounted
“they appear to be authored by former coworkers rather than company representatives or supervisors who can attest to the Petitioner's work assignments”
AAO decision text
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Notable
AAO reserved opinion on the Dhanasar national interest waiver analysis entirely because threshold EB-2 advanced degree eligibility was not established, citing INS v. Bagamasbad and Matter of L-A-C- for declining to reach unnecessary alternative 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(k)(2)
- Matter of L-A-C-
Cases in adjacent profiles
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- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
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