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 travel agent and tour guide, sought EB-2 classification as an individual of exceptional ability with a national interest waiver, though the specific proposed endeavor was not reached by the AAO.
Field: tourism/travel agent and tour guide · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish eligibility as either an advanced degree professional (foreign education not equivalent to U.S. master's degree, and insufficient evidence of five years progressive post-baccalaureate experience) or as an individual of exceptional ability (only met two of the required three criteria under 8 C.F.R. 204.5(k)(3)(ii)).
How the evidence was treated
- degree · discounted
“the database does not indicate that the Petitioner's post-graduate "lato sensu" is the foreign equivalent of a U.S. master's degree”
AAO decision text - resume experience · discounted
“her statements do not sufficiently document or lead us to conclude that the Petitioner worked in the tourism industry and that her experience was progressive in nature”
AAO decision text - resume experience · discounted
“employment letter only accounts for two or three months of the Petitioner's period of employment in the travel industry”
AAO decision text - certification membership · credited
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Notable
The AAO never reached the NIW prongs because the threshold EB-2 classification (advanced degree or exceptional ability) failed; this was explicitly dispositive. The Director erroneously found the Petitioner did not meet the license/certification criterion, which AAO corrected, but the Petitioner still only satisfied two of the required three exceptional ability criteria.
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)
- 8 C.F.R. 204.5(k)(3)(ii)
- Kazarian v. USCIS
- Matter of L-A-C-
- Matter of R-A-M-
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