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 Brazilian-trained industrial engineer, sought to work in the United States as a manufacturing optimization consultant, drawing on prior experience as a lean manufacturing engineer for building materials manufacturers in Brazil and Argentina.
Field: industrial/manufacturing engineering (manufacturing optimization consulting) · Read the decision (uscis.gov)
EB-2 threshold — addressed
SCOPS denied on the ground that the Petitioner lacked a bachelor's degree plus five years of progressive experience equivalent to a master's degree, but AAO found SCOPS failed to acknowledge or address the employment letters and credential evaluation submitted; matter remanded for proper consideration rather than affirmed as failed.
How the evidence was treated
- degree · credited
- resume experience · ignored
“SCOPS did not acknowledge these letters or explain why they do not adequately meet the applicable requirements.”
AAO decision text
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Notable
SCOPS never reached the merits of the national interest waiver claim, having denied solely on threshold EB-2 grounds; AAO found SCOPS's threshold analysis inadequate (failed to address submitted employment letters and credential evaluation) and remanded for a new decision, instructing that if threshold eligibility is established, SCOPS should then address the NIW merits.
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)
What this case teaches
Analyst reading of the decision text.
SCOPS failed to acknowledge or explain rejection of employer letters supporting five years' progressive experience, making its eligibility denial unsupported; remanded for proper evaluation.
Ensure adjudicators substantively address all submitted employment/experience evidence before denying underlying EB-2 eligibility; procedural omission alone warrants remand regardless of NIW merits.
vague
person_focused
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