dismissedMAR262025_03B52032025-03-26 · appeal · Texas Service Center

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 self-described management analyst and entrepreneur in human resources management, sought EB-2 classification and a national interest waiver, but the decision never reaches the substance of his proposed endeavor because the appeal was resolved on threshold eligibility grounds.

Field: human resources management / business administration · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish advanced-degree professional status because the foreign credential evaluation conflicted with the graduation certificate as to when the degree was awarded and did not show possession of a U.S. bachelor's equivalent, and employment letters showed administrative-assistant type roles unrelated to the specialty rather than five years of progressive post-baccalaureate experience. Petitioner also failed to establish exceptional ability, meeting only one of the six regulatory criteria (official academic record) after AAO withdrew the Director's finding on the ten-years'-experience criterion and rejected the license/certification, salary, and membership criteria.

How the evidence was treated

degree · discounted
“the Petitioner has not sufficiently established that he holds the foreign equivalent of a U.S. bachelor's degree”
AAO decision text
resume experience · discounted
“the letters are for administrative positions such as an administrative assistant, which are positions unrelated to the specialty, management analyst”
AAO decision text
certification membership · discounted
“the Petitioner did not establish that the card is a license or certification to practice the profession”
AAO decision text
other · discounted
“the Petitioner did not provide a salary survey or other source to show that his salary or remuneration demonstrated his exceptional ability”
AAO decision text

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Notable

The AAO never reaches the national interest waiver prongs at all; it explicitly reserves that issue because the threshold EB-2 classification failure (neither advanced degree professional nor exceptional ability established) was independently dispositive of the appeal.

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
Flores v. Garland
Matter of L-A-C-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to establish underlying EB-2 eligibility: foreign degree equivalency was unproven and only 1 of 3 required exceptional-ability criteria was met, so NIW prongs were never reached.

Transferable lesson

Secure and document threshold EB-2 eligibility (degree equivalency, relevant work experience, ≥3 exceptional-ability criteria) before litigating national interest waiver merits.

Endeavor framing

vague

Evidence targeting

person_focused

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