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 Colombian-trained public accountant with progressive experience in accounting, sought a national interest waiver to work in her field in the United States.
Field: accounting · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO had previously found the Petitioner's Colombian 'Titulo de Contador Publico' not equivalent to a U.S. bachelor's degree, but on this motion new credential evaluation and university documentation established the degree, together with a prerequisite 'preparatory cycle,' constitutes a single program equivalent to a U.S. bachelor's degree, satisfying 8 C.F.R. 204.5(k)(2).
How the evidence was treated
- degree · credited
- motion resubmission · discounted
“the Petitioner relies on claims previously presented to SCOPS in her petition and to us on appeal and on prior motion”
AAO decision text
Where this case turned
- Derivative of Prong 1/2 failure · p3 — prong three fails only because prongs one or two did — no independent ground
Notable
This is the Petitioner's second combined motion to reopen/reconsider in the same proceeding. The AAO reversed its own prior finding on the threshold EB-2 degree-equivalency issue based on new credential evidence, but still dismissed the motion because the underlying NIW merits were not substantively re-argued with new facts or shown to involve legal/policy error; the AAO explicitly declined to revisit the national interest waiver analysis itself, citing the narrow scope of motions to reopen/reconsider under 8 C.F.R. 103.5.
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
- 8 C.F.R. 204.5(k)(2)
- Matter of Coelho
- Matter of O-S-G-
Cases in adjacent profiles
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod