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 Petitioner's proposed endeavor in the United States; the AAO noted the record lacked sufficient information about it even to attempt a Dhanasar analysis.
Field: defense studies / security analysis · Read the decision (uscis.gov)
EB-2 threshold — not met
The record contained foreign degree certificates and exam certifications but no independent credentials evaluation establishing that the Petitioner's bachelor's and master's degrees are equivalent to U.S. degrees, so advanced-degree membership in the professions could not be confirmed; the AAO remanded for the Director to make this determination.
How the evidence was treated
- degree · discounted
“the record does not establish either that the Petitioner's bachelor's degree is equivalent to a U.S. bachelor's degree”
AAO decision text - certification membership · discounted
“The certifications do not indicate that the foreign degrees are equivalent to a U.S. bachelor's and master's degree”
AAO decision text
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Notable
This decision resolves on a threshold eligibility issue (foreign degree equivalency), not on the Dhanasar prongs. The AAO withdrew the Director's finding that the advanced-degree requirement was met and remanded for a proper final merits determination, expressly declining to reach any NIW prong analysis; a footnote also flags that the record lacked sufficient information on the proposed endeavor to analyze the Dhanasar prongs at all.
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. 204.5(k)(2)
What this case teaches
Analyst reading of the decision text.
Director's finding that Petitioner qualified as advanced-degree professional was unsupported because no credentials evaluation established foreign degrees' U.S. equivalency; remanded for proper determination.
Submit independent credential evaluations for foreign degrees and clearly articulate the specific proposed endeavor at filing, not just credentials.
vague
person_focused
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