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 semi-truck driver, proposed to work as a truck driver and eventually own and operate a trucking company providing dispatcher services for transportation companies in interstate transportation.
Field: trucking / freight dispatching · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish threshold EB-2 eligibility as a member of the professions with an advanced degree: his occupation (truck driver/dispatcher) does not require a U.S. bachelor's degree, he did not show his foreign diploma is equivalent to a U.S. bachelor's degree (only a 3-year program), and his work experience was not in his claimed specialty.
How the evidence was treated
- degree · discounted
“Without further evidence, the Petitioner has not demonstrated he has earned the foreign equivalent of a U.S. bachelor's degree”
AAO decision text - resume experience · discounted
“his work experience supervising club guests' services and being a contractor is not in his specific intended specialty”
AAO decision text - business plan · discounted
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Notable
Threshold EB-2 classification failure (occupation not a profession, degree equivalency not established, experience not in specialty) was dispositive; AAO expressly reserved opinion on all three Dhanasar prongs, citing INS v. Bagamasbad to avoid advisory findings. Also a procedural note: initial certified decision lacked required Form I-290C, requiring re-mailing; petitioner's separate appeal was rejected because matter was already on certification.
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. 204.5(k)(2)
- Flores v. Garland
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