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 Brazilian physiotherapist, sought to establish and direct her own U.S. business combining physiotherapy techniques with Pilates instruction and aesthetic (masseuse) services.
Field: physiotherapy / Pilates instruction / aesthetic services · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner waived the advanced-degree professional basis on appeal; as to exceptional ability, she met only one of six regulatory criteria (academic award) after AAO withdrew director's favorable finding on the 10-years-experience criterion due to inconsistent, unsupported employment history, and failed the license/certification, salary, and recognition criteria, so she did not meet the required three of six criteria.
How the evidence was treated
- degree · credited
- resume experience · discounted
“we cannot give her largely unsupported statements concerning work experience significant probative weight”
AAO decision text - certification membership · discounted
“the certification was issued in May 2023, approximately six months after the petition's November 2022 filing date”
AAO decision text - contract revenue · discounted
“the general information about minimum wages in Brazil does not provide an adequate basis for determining how the Petitioner's salary compares”
AAO decision text - recommendation letter · discounted
“the Petitioner has not explained how her past successful work performance in those positions establishes that she has been recognized for achievements”
AAO decision text
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Notable
The AAO withdrew the Director's favorable finding on the 10-years-experience criterion and its adverse finding on the academic-record criterion, but still concluded the Petitioner met only one of six exceptional-ability criteria; because threshold EB-2 ineligibility was dispositive, the AAO explicitly reserved and did not reach any Dhanasar national-interest-waiver prong.
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. 103.2(b)(1)
- 8 C.F.R. 204.5(g)(1)
- 8 C.F.R. 204.5(k)(2)
- Kazarian v. USCIS
- Matter of Ho
- Matter of L-A-C-
- Matter of R-A-M-
- USCIS Policy Manual F.5(B)(2)
Cases in adjacent profiles
- The Petitioner, a pharmacist, proposed to work in the United States through her own company providing pharmaceutical reg
- The Petitioner, a Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the Un
- The Petitioner, a resident physician in New York holding a Chinese bachelor of medicine (MBBS) degree found equivalent t
- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his