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 police investigator in Brazil, sought to continue work in law enforcement in the U.S., described as fighting crime, patrolling, investigating suspicious behavior, and enforcing laws.
Field: law enforcement / police investigation · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner's bachelor's degree was in accounting, unrelated to his proposed endeavor of police investigation, so he could not qualify as an advanced degree professional; he also failed to establish exceptional ability because his degree did not relate to the area of exceptional ability and he identified fewer than three of the six required criteria.
How the evidence was treated
- degree · discounted
“the record does not establish how the Petitioner's bachelor's degree in accounting is 'in a field that relates to his proposed endeavor'”
AAO decision text - certification membership · discounted
“the record does not establish that they are 'from a college, university, school, or other institution of learning'”
AAO decision text - motion resubmission · ignored
“The Petitioner also resubmits his second RFE response in support of the appeal.”
AAO decision text
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Notable
This case never reaches the NIW prongs because the Petitioner failed at the threshold EB-2 classification stage (advanced degree/exceptional ability) due to a mismatch between his accounting degree and his police investigation endeavor. Notably, the AAO had previously remanded the case once already for the Director to address threshold classification before reaching the discretionary waiver.
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)
- INA 203(b)(2)
What this case teaches
Analyst reading of the decision text.
Petitioner failed to establish threshold EB-2 eligibility: his accounting bachelor's degree was not shown to be 'in the specialty' of his police-investigation endeavor, precluding advanced-degree or exceptional-ability classification.
Before arguing NIW national interest, ensure the underlying degree/experience clearly matches the specialty of the proposed occupation or endeavor.
vague
person_focused
Cases in adjacent profiles
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- 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