dismissedNOV202023_09B52032023-11-20 · appeal · Texas 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, an administrative manager and operations general manager, sought to continue working in her field, though the decision does not detail the specific endeavor.

Field: administrative/operations management · Read the decision (uscis.gov)

EB-2 threshold — not met

The Director found the Petitioner did not establish eligibility as an advanced degree professional or individual of exceptional ability; the Petitioner's appeal brief did not contest these specific findings and instead argued only NIW eligibility, so the AAO deemed the threshold issue waived and unestablished.

How the evidence was treated

degree · discounted
“the Director sufficiently discussed why the letter did not establish the Petitioner's qualification as a member of the professions holding an advanced degree”
AAO decision text

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Notable

The appeal was dismissed on threshold EB-2 classification grounds alone (waiver doctrine, as the brief failed to contest the Director's specific findings), and the AAO expressly declined to reach the NIW prongs under Dhanasar, citing INS v. Bagamasbad and Matter of L-A-C- to reserve those arguments as unnecessary to the decision.

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. 103.3
Matter of L-A-C-
Matter of R-A-M-

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