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 record does not specify the Petitioner's proposed endeavor, as the AAO's prior decision and this motion focused solely on threshold EB-2 eligibility rather than the nature of the work.
EB-2 threshold — not met
Petitioner submitted vocational education evidence not equivalent to a U.S. baccalaureate or higher degree, and met only two of the required three regulatory criteria for exceptional ability.
How the evidence was treated
- degree · discounted
“he submitted evidence of vocational education, which is not equivalent to a United States baccalaureate or higher degree”
AAO decision text - motion resubmission · discounted
“he claims he submitted sufficient evidence to meet additional criteria”
AAO decision text
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Notable
This decision only addresses threshold EB-2 eligibility (advanced degree/exceptional ability); the AAO expressly declined to reach the Dhanasar national interest waiver framework because ineligibility for EB-2 classification was dispositive.
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. 103.5
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of L-A-C-
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