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 decision does not describe the specific proposed endeavor, as the AAO's analysis focuses entirely on the timeliness of the motions and the Petitioner's failure to establish threshold EB-2 eligibility.
Field: business administration · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner's bachelor's degree was obtained less than five years before filing, and he did not demonstrate at least five years of progressive post-baccalaureate experience in his specialty, nor sufficiently establish foreign degree equivalency.
How the evidence was treated
- resume experience · discounted
“he has not demonstrated at least five years of progressive post-baccalaureate experience in his specialty at the time he filed the petition”
AAO decision text - degree · discounted
“his foreign bachelor's degree is equivalent to a U.S. baccalaureate degree (which is not sufficiently evidenced in the record)”
AAO decision text - motion resubmission · discounted
“the Petitioner's general reference to evidence submitted prior to the filing of the motions does not meet the requirements of a motion to reopen”
AAO decision text
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Notable
This decision arises from a second-level motion challenging the AAO's prior dismissal of a combined motion to reopen/reconsider as untimely (mailed via USPS priority overnight but delivered late). The AAO declined to excuse the untimeliness, and further held that even setting aside timeliness, the Petitioner failed to demonstrate threshold EB-2 eligibility (insufficient post-baccalaureate progressive experience), so it expressly declined to reach the merits of the national interest waiver (Dhanasar) prongs, citing INS v. Bagamasbad and Matter of L-A-C- for the proposition that adjudicators need not resolve alternative issues once a case is otherwise dismissable.
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. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- Matter of Izummi
- Matter of Katigbak
- Matter of L-A-C-
- Poursina v. USCIS
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