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 business administrator, proposed to direct a human resources consulting and recruitment company she planned to establish in Florida.
Field: human resources consulting and recruitment / business administration · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner held only a bachelor's-equivalent degree and failed to establish the master's-degree equivalent via five years of progressive experience because she did not submit letters from current or former employers as required by 8 C.F.R. 204.5(k)(3)(i)(B); colleague letters and a government work permit did not qualify.
How the evidence was treated
- recommendation letter · discounted
“Their letters do not state that they employed the Petitioner.”
AAO decision text - resume experience · discounted
“The Petitioner's Work and Social Security Digital Permit is not a letter from a current or former employer.”
AAO decision text - degree · credited
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Notable
Threshold EB-2 advanced-degree-equivalency determination was dispositive; the AAO expressly declined to reach the national interest waiver prongs, citing INS v. Bagamasbad and Matter of L-A-C- for reserving 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-
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