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 human resources specialist, sought to continue working in human resources in the United States, though the specific proposed endeavor was not substantively discussed because the case turned on threshold eligibility.
Field: human resources · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner failed to establish five years of progressive post-baccalaureate experience in the specialty as required by 8 C.F.R. 204.5(k)(2); letters/affidavits regarding prior employment were inconsistent, not from the former employer, or described unrelated duties, and the Petitioner did not resolve these discrepancies with independent, objective evidence.
How the evidence was treated
- resume experience · discounted
“it also described duties that were unrelated to her human resources functions and differed significantly from those described elsewhere”
AAO decision text - motion resubmission · discounted
“merely reargue facts and issues we have already considered in our previous decisions”
AAO decision text - other · discounted
“do not establish the unavailability of both primary and secondary evidence as required by 8 C.F.R. § 103.2(b)(2)(i) and (ii)”
AAO decision text
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Notable
This decision never reaches the NIW prongs because the petition failed at the threshold advanced-degree-professional stage (insufficient progressive post-baccalaureate experience under 8 C.F.R. 204.5(k)(2)). The AAO's analysis focuses entirely on resolving discrepancies in the Petitioner's employment history and applying motion-practice regulations (8 C.F.R. 103.5) to reject newly submitted affidavits and letters as untimely or insufficiently corroborative.
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(a)(1)(i)
- 8 C.F.R. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- 8 C.F.R. 204.5(k)(2)
- Matter of Coelho
- Matter of Ho
- Matter of O-S-G-
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