NIW Bearings
remandedMAY122022_01B52032022-05-12 · motion_reconsider · Nebraska 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 travel management specialist, sought to operate a travel consulting business offering destination branding, marketing, and crisis-management consulting services in the United States.

Field: travel management / hospitality and tourism · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO found the Petitioner had not established that 'travel management specialist' (SOC code corresponding to 'travel guide') is a profession requiring a baccalaureate degree, so she did not qualify as an advanced degree professional. The matter was remanded for the Director to determine in the first instance whether she instead qualifies as an individual of exceptional ability.

How the evidence was treated

  • business plan · discounted
    the Petitioner appears to have copied much of the language verbatim from a number of other company's websites
    AAO decision text
  • degree · discounted
    he does not claim to have reviewed any employment letters to establish the Petitioner's work history or experience
    AAO decision text
  • resume experience · discounted
    it is unclear whether the Petitioner was able to pursue two bachelor's degrees ... while also working full-time
    AAO decision text

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Notable

AAO identified extensive apparent plagiarism in the Petitioner's business plan and website materials (copied verbatim from other companies' sites and articles) and flagged possible willful misrepresentation under section 212(a)(6)(C) for the Director to consider on remand, in addition to unresolved inconsistencies about the Petitioner's claimed simultaneous pursuit of two bachelor's degrees while working full-time. The decision withdrew the prior appellate dismissal on threshold grounds and remanded rather than reaching the Dhanasar prongs.

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. 103.5(a)(3)
  • Matter of Ho
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

AAO found Petitioner failed to establish 'travel management specialist' as a profession under advanced-degree category; remanded for Director to assess exceptional-ability eligibility, flagging plagiarized evidence and possible misrepresentation.

Transferable lesson

Establish underlying EB-2 classification cleanly (profession or exceptional ability) with original, verifiable evidence before any national-interest waiver analysis is reached.

Endeavor framing

vague

Evidence targeting

person_focused

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