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 math teacher, sought EB-2 classification with a national interest waiver, but the decision does not otherwise describe the substance of a specific proposed endeavor because the appeal turned entirely on threshold degree eligibility.
Field: mathematics education · Read the decision (uscis.gov)
EB-2 threshold — not met
The record did not establish that the Petitioner's Russian diploma (translated as 'undergraduate education') was a Diplom spetsialista equivalent to a U.S. master's degree, and the Petitioner did not show at least five years of progressive post-baccalaureate experience in teaching mathematics; the Petitioner also did not argue exceptional-ability classification in the alternative.
How the evidence was treated
- degree · discounted
“the diploma translation does not indicate that the Beneficiary received a Diplom spetsialista”
AAO decision text - other · discounted
“the academic evaluator's discussion of types of diplomas other than the Petitioner's diploma ... is misplaced”
AAO decision text - other · discounted
“the transcript is not credible or probative evidence of the Petitioner's education”
AAO decision text
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Notable
This case arose from a notice of intent to revoke (NOIR) after the Director had initially approved the petition, rather than from an initial denial. Because the AAO found the threshold advanced-degree requirement unmet, it expressly reserved judgment on the Dhanasar national-interest-waiver prongs, citing INS v. Bagamasbad and Matter of L-A-C-.
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. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Matter of E-M-
- Matter of Ho
- Matter of L-A-C-
- Matter of V-K-
- Section 291 of the Act
Cases in adjacent profiles
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- The petitioner, a mathematics teacher with 17 years of experience, proposed to operate a company offering online math tu