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 tourism entrepreneur with a bachelor's degree, sought EB-2 classification and an NIW based on her work in tourism management.
Field: tourism management · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish advanced degree equivalency (insufficient evidence of 5 years progressive full-time post-baccalaureate experience, with inconsistencies between evaluation letters and employment verification) and failed to establish exceptional ability (met only 1 of required 3 criteria; could not show 10 years full-time experience under (k)(3)(ii)(B)).
How the evidence was treated
- resume experience · discounted
“does not indicate whether the Petitioner was employed in a full-time capacity”
AAO decision text - degree · discounted
“did not demonstrate her possession of at least five years of progressive post-baccalaureate experience”
AAO decision text - other · discounted
“do not appear to be credible resources as evidence”
AAO decision text
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Notable
AAO did not reach the NIW/Dhanasar prong analysis at all because the Petitioner failed to establish threshold EB-2 eligibility (neither advanced degree nor exceptional ability). Decision explicitly reserves the national interest waiver issue citing Bagamasbad and Matter of L-A-C-. Advanced degree and exceptional ability findings are treated as independent alternate bases for dismissal.
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(g)(1)
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of Ho
- Matter of L-A-C-
- Poursina v. USCIS
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