NIW Bearings
dismissedOCT122023_02B52032023-10-12 · 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, a marketing specialist, sought EB-2 classification with a national interest waiver, though her proposed endeavor was not substantively discussed because the case was resolved on threshold eligibility grounds.

Field: marketing · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish a single foreign degree equivalent to a U.S. baccalaureate degree, and even under the alternative theology degree, lacked five years of progressive post-baccalaureate experience by the filing date.

How the evidence was treated

  • degree · discounted
    This credential evaluation does not indicate that the Petitioner has a single degree that is the "foreign equivalent degree" to a U.S. baccalaureate degree.
    AAO decision text
  • resume experience · discounted
    the Petitioner has not demonstrated at least five years of progressive post-baccalaureate experience in her specialty at the time of filing
    AAO decision text

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

Case resolved entirely on threshold EB-2 advanced-degree eligibility (failure to show a single foreign equivalent baccalaureate degree plus five years progressive experience); AAO expressly declined to reach any Dhanasar prong, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that adjudicators need not decide unnecessary issues. Petitioner also deemed to have abandoned any exceptional-ability claim by not raising it on appeal.

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. 204.5(k)(2)
  • Matter of L-A-C-

Cases in adjacent profiles