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 nurse, sought EB-2 classification and a national interest waiver, though the specific proposed endeavor was not reached by the AAO.
Field: nursing · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish eligibility as either an advanced degree professional (degree post-dated filing; insufficient progressive experience) or an individual of exceptional ability (failed to satisfy three of six regulatory criteria, including insufficient salary evidence).
How the evidence was treated
- degree · discounted
“because the degree post-dates the filing date of the petition, it is not relevant to demonstrating the Petitioner's eligibility”
AAO decision text - resume experience · discounted
“reflects fewer than the required minimum of five years of progressive employment experience”
AAO decision text - other · discounted
“did not submit supporting evidence, such as documentation of comparable salaries in his field”
AAO decision text - certification membership · credited
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Notable
AAO dismissed on threshold EB-2 grounds (degree post-dated filing; insufficient experience; failure to meet 3 of 6 exceptional ability criteria) and explicitly declined to reach the Dhanasar NIW prongs, citing Bagamasbad and Matter of L-A-C- for declining advisory findings.
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. 103.3
- 8 C.F.R. 204.5(k)(2)
- Matter of Katigbak
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
Cases in adjacent profiles
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- The Petitioner, a music therapist, proposed to establish and expand music therapy services and community music programs
- The Petitioner, a physical therapist, proposed to work as a physical therapist in the United States while operating his