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 nurse and caregiver trained in Uzbekistan, proposed to work in the United States as a home healthcare nurse and entrepreneur, providing nursing/caregiving services and organizing teaching courses to transfer knowledge.
Field: nursing / home healthcare · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO withdrew Director's finding that Petitioner qualified as an advanced-degree professional, finding her diploma equivalent only to an associate's degree, not a bachelor's degree. AAO further found Petitioner failed to meet at least three of the six exceptional-ability criteria (membership was obtained after filing; letters/certificates did not show recognition for achievements/contributions to the field).
How the evidence was treated
- degree · discounted
“reflect the Petitioner completing the foreign equivalent of two years of postsecondary education, instead of earning the foreign equivalent of a U.S. baccalaureate degree”
AAO decision text - certification membership · discounted
“the Petitioner has not demonstrated being a member of the American Society of Aging at the time of filing the petition”
AAO decision text - recommendation letter · discounted
“it does not demonstrate that the Petitioner has been recognized for achievements and significant contributions to the industry or field”
AAO decision text - resume experience · discounted
“it does not demonstrate that the Petitioner has been recognized for achievements and significant contributions to the industry or field”
AAO decision text - business plan · ignored
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Notable
AAO remanded rather than deciding the merits, faulting the Director for conclusory, unexplained findings on all three Dhanasar prongs. Notably, AAO also went further than the Director and independently withdrew the Director's favorable finding on the underlying EB-2 classification, concluding sua sponte that the Petitioner met neither the advanced-degree nor exceptional-ability classification -- an issue the Director had resolved in her favor and that was not challenged on appeal.
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(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Kazarian v. USCIS
- Matter of Katigbak
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
AAO found Petitioner failed underlying EB-2 classification (diploma equaled only associate degree; exceptional-ability criteria unmet) and Director's Dhanasar prong analyses were conclusory/unexplained, requiring remand for reasoned decision.
Confirm degree equivalency and professional-membership timing before filing, and ensure the endeavor's national significance and eligibility findings are substantively explained, not conclusory.
vague
public_health · economic_growth_generic
person_focused
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